[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:
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 to and at the ecomaine disposal facility are not violated;
Processible portions of commercial and industrial solid waste;
and
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.
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.
That residue from the burning of wood, coal, coke or other
combustible material.
The Casco Selectboard.
[Amended 6-14-2017 by
Art. 27]
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/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.
The discharge, deposit, dumping or placing of any solid waste
into or on any land.
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.
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.
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.
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.
Any natural person, corporation, partnership, sole proprietorship,
association or other legal entity.
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.
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.
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.
The Town of Casco.
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.
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:
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.
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.
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.
All material which does not chemically or biologically decompose,
including by way of example, and not by limitation, sand, gravel,
bricks, rocks, etc.
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.
Any individual, firm, corporation, partnership, association,
municipality, quasi-municipal corporation, state agency or any other
legal entity.
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.
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.
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.
All tires and lead acid batteries.
The Towns of Casco and Naples, Cumberland County, Maine.
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.
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.
All large appliances, including by way of example, and not by
limitation, stoves, refrigerators, freezers, washing machines, clothes
dryers, dishwashers and air conditioners.
All scrap metals, including by way of example, and not by limitation,
wire, metal fencing, sheet metals, clean metal barrels, and bar stock.
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:
(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:
(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.
