[HISTORY: Adopted by the Town of Ogunquit as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-2-1980 (Title
III, Ch. 4, of the 1980 Code)]
The purpose of this article is to provide for the orderly, safe
and sanitary disposal of refuse, recovery of discarded material which
can be recycled, and the operation of the transfer station. This article
provides regulations to limit disposal to residents and specially
authorized users.
As used in this article, the following terms shall have the
meanings indicated:
Large items of waste such as appliances, other white goods,
furniture, large auto parts, trees and branches in excess of 1/2 inch
in diameter.
A person or firm which hauls the refuse of another person
for a fee.
Transfer station equipment consisting of a large pit hopper
in which refuse is deposited and a hydraulic ram which compresses
refuse into a special tractor-trailer which transports the compacted
refuse for further disposal.
The waste of building materials and rubble resulting from
construction, remodeling, repair and demolition operation on houses,
commercial buildings, pavements, and other structures.
All types of refuse normally generated in a residential household
or apartment.
Wastes that can cause serious injury or disease during the
normal storage, collection, and disposal cycle, including but not
limited to explosives, pathological and infectious wastes, radioactive
materials, and dangerous chemicals. State definitions of "hazardous
wastes" shall apply to the Town of Ogunquit.
Wastes generated by wholesale and retail establishments,
end products of manufacturing, end products of food preparation for
sale of scraps of leftovers or soluble portions, and the refuse of
governmental entities.
Any individual, partnership, firm, association, corporation,
or other legal entity, or any agent, or any employee of any such person.
Putrescible and nonputrescible solid wastes (except body
wastes), including food waste (garbage), construction and demolition
wastes and yard wastes.
Refuse that has use or value to a person, firm, corporation
or establishment other than those who generated it.
The removal of salvage waste from the refuse disposal area
by unauthorized persons.
The area located at the address of 28 Spring Hill Road and
referenced as Map 18, Lot 15-B in Town records.
Prunings, tree trimmings and twigs, brush, shrubs, weeds,
yard clippings, and leaves; branches or limbs in excess of 1/2 inch
in diameter are considered bulky wastes.
A person shall not dispose of refuse within Ogunquit except
at the Town Transfer Station.
[1]
Editor's Note: Former § 174-4, Permit required,
was repealed 11-7-2023 STM by Art. 3.
[Amended 11-8-2016 STM; 6-8-2021 ATM by Art. 9; 11-7-2023 STM by Art. 3]
The Town of Ogunquit shall issue two classes of refuse disposal
permits:
A.
Temporary disposal permits. A temporary disposal permit to enable
building contractors to dispose of construction or demolition debris
shall be issued with building permits by the Code Enforcement Officer
in accordance with other regulations enacted pursuant to this article.
B.
Nondomestic disposal permits. Commercial, professional, industrial,
governmental, and other nondomestic entities (except commercial haulers)
located in Ogunquit.
[Amended 11-7-2023 STM by Art. 3[1]]
A.
The Select Board shall establish proportional fees based upon weight
or volume of refuse for other classes of permits after public notice
and hearing. The Select Board may also adopt fee schedules for the
deposit of bulky materials and for construction and demolition wastes
after public notice and hearing. The Select Board may also adopt other
regulations governing the term of permits, residency requirements,
hours of operation, vehicle standards, insurance, filing of routes
and collection schedules, use of facilities, and other regulations
consistent with the requirements of this article.
[Amended 4-4-1987 STM; 11-8-2016 STM]
B.
Permit classes.
A.
Materials accepted. A person shall dispose of the following refuse
at the Town Transfer Station:
[Amended 11-8-2016 STM]
B.
Voluntary recycling.
[Amended 11-8-2016 STM]
(1)
In the interest of recovering recyclable materials and reducing the
amount of refuse, the Select Board is authorized to establish a voluntary
recycling program for newsprint, bottles, cans, white goods, and other
refuse. The Select Board may permit disposal of recyclable refuse
from outside of Ogunquit.
(2)
After the expiration of a one-year trial period, the Select Board
is authorized to establish mandatory regulations for recycling after
giving public notice and a hearing.
C.
Materials prohibited. A person shall not dispose of any of the following
types of refuse:
Police officers of Ogunquit are authorized to enforce the provisions
of this article and other applicable laws.
[Amended 4-4-1987 ATM; 11-8-2016 STM]
Whoever violates any of the provisions of this article shall
be punished by a fine of not more than $100 per violation, plus costs
and attorneys' fees, which fine shall be recovered on complaint to
the use of the Town. The Select Board shall also be authorized to
order the cleanup of any solid waste disposed of in violation of this
article, and if the violator fails to clean up this solid waste after
30 days' notice, the Town may on its own initiative provide for the
cleanup, and recover the expense from the violator, including all
court costs and attorneys' fees.
[Adopted 6-2-1980 (Title
III, Ch. 5, of the 1980 Code); as amended through 11-8-2016 STM]
This article shall be known as and may be cited as the "Ordinance
Relating to the Disposal of Solid Waste within the municipality of
Ogunquit, Maine; Prescribing Rules and Regulations Therefor; Providing
Penalties for Violations 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 municipality, 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 municipality in accordance with the provisions of 38 M.R.S.A.
§§ 1304-B and 1305, as amended.
For the purpose 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 any disposal facility determines that the air-emission criteria
and standards applicable to and at the designated disposal facility
are not violated; and
[Amended 11-8-2016 STM]
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 any designated disposal facility, and further provided that such items may be delivered to any designated disposal facility by or on behalf of the municipality on an irregular basis only and shall represent an insignificant portion of the total solid waste delivered to any designated disposal facility by or on behalf of the municipality within any calendar year.
[Amended 11-8-2016 STM]
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 any waste-handling
agreement between the municipality and any designated disposal facilities
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.
[Amended 11-8-2016 STM]
That residue from the burning of wood, coal, coke or other
combustible material.
The Select Board for the municipality of Ogunquit.
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, landscaping 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.
Any land or structures or combination of land area and structures,
including dumps and transfer stations owned or operated by or under
a contract with any designated disposal facility, and/or any other
site designated by 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 municipality and any designated disposal facility.
[Amended 11-8-2016 STM]
The discharge, deposit, dumping or placing of any solid waste
into or on any land.
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 any designated disposal facility.
[Amended 11-8-2016 STM]
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.
Any land or structure or combination land area and structures
owned or operated by, or under a contract with, the municipality,
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 any designated disposal
facilities.
[Amended 11-8-2016 STM; 6-8-2021 ATM by Art. 9]
The municipality of Ogunquit.[1]
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 waste; this
term shall include municipal disposal facilities.
[Amended 11-8-2016 STM]
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 materiel 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 or agricultural or hazardous wastes; it shall include
acceptable waste, unacceptable waste and construction and demolition
debris as defined herein.
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,[2] as amended, and hazardous waste.
A.
In accordance with the provisions of 38 M.R.S.A. § 1304-B,
as amended from time to time, the municipality will designate a disposal
facility as its public solid waste disposal facilities for the purposes
cited in this article, and designates any disposal facility as its
public solid waste disposal facility for construction and demolition
debris.
[Amended 11-8-2016 STM]
B.
Nothing in this article shall prohibit the municipality from its
continued use of a stump/demolition area as described in a lease agreement
between the municipality and Leonard W. Wyman, dated March 4, 1980,
as amended on May 13, 1982, March 7, 1989, and December 29, 2003,
or the municipality from exercising any option for the disposal within
the municipality of leaves, trees, tree limbs and other wood waste.
C.
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 municipality solid waste of
any kind generated within the municipality, unless such land has been
designated by the municipality as a public solid waste disposal facility.
B.
Certain materials may be excluded by regulation from that solid waste
which may be deposited at the 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, trees,
tree limbs and other wood waste.
A.
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 user vehicle(s).
Failure to exhibit such permit shall result in denial of use of the
facility.
B.
The municipality shall 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.
Any solid waste deposited within the designated public solid waste
disposal facilities shall become the property of the municipality
or any waste disposal facility pursuant to the terms of any waste-handling
agreements. No one shall salvage, remove or carry off any such deposited
solid waste without prior approval of the municipality.
[Amended 11-8-2016 STM]
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.
