[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-14-1981]
[Amended 11-3-2020]
Disposal or storage of hazardous wastes as designated under
the U.S. Clean Water Act, Section 311, Public Law 92-500, and/or the
disposal or storage of radioactive waste as defined by 38 M.R.S.A.
§ 1451 within the boundaries of the Town of Kennebunkport, Maine,
shall be prohibited.
Any request for an exception to this prohibition shall be submitted
in writing to the Selectmen and brought to the whole Town of Kennebunkport
acting as the body politic, to be voted on by all bona fide voters
present in a Town Meeting.
[Added 11-3-2020]
Violations of this article shall be subject to a penalty of
$100 per day.
[Adopted 3-18-1986; amended 3-26-1994; 6-12-2004; 6-11-2013]
This article shall be known and may be cited as "Kennebunkport
Solid Waste Ordinance" and referred to herein as "this article."
The purposes of this article are to protect the health, safety
and general well-being of the citizens of Kennebunkport, 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 transportation and
disposal of solid waste in and for the Town of Kennebunkport and its
residents in accordance with the provisions of 38 M.R.S.A. § 1304-B,
as amended.
As used in this article, the following terms shall have the
meanings indicated:
Wastes to be acceptable for transport to the facility shall
include all acceptable waste, as that term is defined in a certain
Waste Handling Agreement (the "Agreement") dated December 27, 2012,
and any amendments thereto, between the Town of Kennebunkport and
the Company.
Notwithstanding the above limitations, "acceptable waste" shall
include specially permitted waste, and shall include lobster shells
and bodies, and fish scales, bones, and heads, and other similar waste
normally associated with small-scale fishing and lobstering operations
or restaurants, provided that entire truck loads of fish or lobster
waste may be excluded from the definition of :acceptable waste" at
the Company's sole option and that the facility is not a substitute
for a rendering facility for fish processing wastes.
The Waste Handling Agreement dated December 27, 2012, between
the Town of Kennebunkport and Pine Tree Waste, Inc. and Casella Waste
Systems, Inc.
The appropriate disposal site for each type of waste such
as, by way of example only, Town of Kennebunk Sea Road Transfer Station
for demolition debris, Company's transfer station within the City
of Westbrook, Maine, or the Company's alternate or ancillary licensed
facilities. The Town Manager shall determine the appropriate disposal
site(s) for the various types of waste.
The two companies that, in addition to the Town, are parties
to the Agreement; Pine Tree Waste, Inc. and Casella Waste Systems,
Inc.
Those hours established by the Selectmen in compliance with
the Agreement that acceptable wastes may be delivered to the facility.
The discharge, deposit, dumping or placing of any solid waste
into or on any land or body of water, or the incineration of any solid
waste.
Any land or structure or combination of land area and structures,
including dumps and transfer stations used for storing, salvaging,
reducing, incinerating or disposing of acceptable waste pursuant to
the Agreement, including any transfer station or similar facility
which may be constructed by the Town in connection with the use of
the disposal facilities.
The Company's transfer facility within the City of Westbrook,
Maine, together with any ancillary facilities which are now or may
hereafter be owned by Company or any affiliate of Company.
Any entity or person granted a permit by the Selectmen to
collect and haul solid waste in the Town.
[Amended 11-3-2020]
All hazardous waste, as that term is defined in the Agreement,
including but not limited to any waste which by reason of its composition,
characteristics or other inherent properties, is dangerous to handle
by ordinary means, or which may present a substantial endangerment
to health or safety, or which presents a reasonable possibility of
adversely affecting the operation of the disposal facilities. "Hazardous
waste" shall also mean waste which is defined as harmful, toxic, dangerous
or hazardous at any time pursuant to:
The Solid Waste Disposal Act, 42 U.S.C. § 6901 et
seq., as amended;
The Maine Hazardous Waste, Septage and Solid Waste Management
Act, 38 M.R.S.A. § 1301 et seq., as amended;
Any other federal, state, county or local codes, statutes or
laws; and
Any regulations, orders or other actions promulgated or taken with respect to the items listed in Subsections A through C above; provided, however, that any such materials which are later determined not to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction shall not be considered "hazardous waste" unless a contrary determination has been or is made by any other governmental agency or unit having appropriate jurisdiction.
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.
The Board of Selectmen of the Town of Kennebunkport.
Solid waste, as that term is defined in 38 M.R.S.A. § 1303-C,
Subsection 29, including, without limitation, useless, unwanted or
discarded solid material with insufficient liquid content to be free
flowing, including by way of example, and not limited to, rubbish,
garbage, scrap materials, junk, refuse, inert fill material and landscape
refuse, but shall not include sludges from air or water pollution
control facilities, septic tank sludge or agricultural wastes.
Unacceptable waste which shall be deemed acceptable waste
by special permit issued by the Selectmen subject to such restrictions
and limitations as may be contained in such permit and in the Agreement.
Any fee for delivery of specially permitted waste will be established
by the Selectmen in said permit.
The payments required to be made by the Town to the Company
under the Agreement for transferring, diverting or processing acceptable
waste received at the facility or which would otherwise have been
received at the facility.
The Town of Kennebunkport.
All waste defined as unacceptable waste in the Agreement,
including, without limitation, the following:
Demolition or construction debris from building and roadway
projects or locations.
Liquid wastes or sludges.
Abandoned or junk vehicles, trailers, agricultural equipment
and boats and parts thereof.
Hazardous waste (as defined herein).
Five dead animals or portions thereof or other pathological
wastes.
Water treatment residues or by-products of any kind.
Tree stumps.
Tannery sludge and sewer sludge of any kind.
Waste oil or solvents.
"White goods" such as freezers, refrigerators, washing machines,
or parts thereof.
Tires.
Automotive batteries.
Pesticides and other organic fluids.
Firearms, ammunition and explosives.
Other wastes which in the reasonable judgment of the Company:
Could reasonably be expected to cause jam-ups, slowdowns, stoppages,
failures or damage to the disposal facility; or
Could reasonably be expected to cause adverse consequences to
the disposal facility or its operations, because of excessive moisture,
high noncombustible content or other similar reasons.
Any waste deemed unacceptable for processing at the disposal
facility by federal, state or local law, regulation, rule or order.
In accordance with the provisions of 38 M.R.S.A. § 1304-B
and effective on the commencement date of the Agreement, the Town
hereby designates the disposal facilities as the exclusive facilities
for disposal of acceptable wastes generated within the boundaries
of the Town. Subsequent to the commencement date of the Agreement,
the disposal of any waste generated within the Town by any person
at any place other than at the approved disposal facilities 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 federal, state or local land use regulations.
A.
The Selectmen shall establish by the authority of this article, such
Rules and Regulations as they deem necessary or convenient to carry
out the purposes of this article, including rules and regulations
governing the availability and use of the disposal and transportation
facilities for disposal of solid wastes generated within the Town
and governing the operation of and issuance of permits for waste disposal
vehicles.
[Amended 11-3-2020]
B.
The operation of the disposal facilities shall conform to all pertinent
regulations and directives of all local, county, state or federal
agencies which may have jurisdiction.
A.
No person, firm or corporation shall permanently dispose of any acceptable
waste into or upon any water or land within the corporate limits of
the Town, unless such area has been designated by the Selectmen as
a part of the disposal facilities under this article.
B.
Certain solid wastes may be excluded by order of the Selectmen from
those acceptable wastes which must be deposited at the disposal facilities.
These excluded materials may include wood, trees, tree limbs, branches,
logs, leaves, twigs, grass and plant cuttings.
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 Town other than wood, trees, tree limbs,
branches, logs, leaves, twigs, grass and plant cuttings.
D.
Any wastes that are unacceptable wastes but that are deemed acceptable
by the Company may be collected and delivered to the disposal facility
as specially permitted waste, by special permit issued by the Selectmen.
Any additional tipping fee or administrative charge deemed appropriate
by the Selectmen for disposal of unacceptable waste pursuant to a
special permit shall be charged to and become the sole responsibility
of the hauler.
A.
Disposal facility users. The availability and use of the disposal
facilities as determined by the Selectmen by rules and regulations
shall be limited to residents of the Town and their contractors and
agents for the sole purpose of disposing of solid waste generated
within the Town, and to those residents of any other municipality
which may, by written agreement with the Town, be authorized to use
such disposal facilities.
B.
Resource recovery. For the purpose of resource recovery, the Town
may require solid waste to be separated into such categories as may
be established by order of the Selectmen.
C.
Removal of acceptable waste prohibited. Once any acceptable waste
is deposited or picked up at curbside, no one shall salvage, remove,
or carry off any such waste or engage in any other resource recovery
without prior approval of the Town.
D.
Municipal collection and delivery. The Selectmen may establish a
system for the collection and delivery of solid waste and may adopt
such rules and regulations and adopt such schedule of charges for
such collection and transportation services as may be appropriate.
Whoever violates any of the provisions of this article or rules
and regulations established by the Selectmen under this article shall
be punished by a fine of not more than $1,000 plus costs, which fine
shall be recovered on complaint for the use of the Town. Each load
of waste or each day of violation shall be considered a separate violation
and subjected to the punishment fine. Any other costs incurred or
caused as a result of the violation will be charged to the violator
and recovered by the Town.
A.
The Selectmen may establish by order schedules of waste disposal
charges to be charged for the use of the disposal facilities or any
portion of the disposal facilities as determined by the Selectmen
by rules and regulations, which schedules shall be posted and published.
Such schedules may include different waste disposal charges for residents
of the Town, businesses located within the Town and commercial refuse
collectors collecting solid waste within the Town and may include
different schedules for disposal of different kinds of solid waste.
All fees collected shall be for the use of the Town.
B.
It shall be the duty of the Selectmen to enforce the provisions of
this article and the Selectmen may authorize a representative(s) to
do so.
C.
All ordinances or parts of ordinances in conflict with this article
are hereby repealed, effective on the commencement date of the Agreement.
D.
If any section, subsection, sentence or part of the 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.
E.
This article shall not limit in any way recourse imposed by other
governmental agencies or courts for solid waste or hazardous waste
violations.
