These rules and regulations for the collection, transportation and disposal of solid waste in the Town of Kennebunkport ("the Town") have been adopted by the Board of Selectmen as authorized by Chapter
179, Waste Management, Article
II, Solid Waste, and should be read in conjunction with Chapter
179, Waste Management, Article
II, Solid Waste. The rules and regulations may be updated by the Board of Selectmen from time to time. It shall be the responsibility of each licensed hauler to have the most current copy of the rules and regulations and Chapter
179, Waste Management, Article
II, Solid Waste.
Each vehicle which is issued a permit for use of the Pine Tree
Waste/Casella in Westbrook facility by the Selectmen may be issued
a placard which shall be affixed to the vehicle. The placard shall
be affixed to the vehicle at all times that waste is being collected
or conveyed to the approved disposal site.
The Town of Kennebunkport will pay the tipping fee for all acceptable
waste originating from and collected within the Town and delivered
to Pine Tree Waste/Casella in Westbrook. Tipping fees at all other
disposal facilities shall be the responsibility of the permitted hauler,
unless otherwise agreed to in writing by the Board of Selectmen and
the hauler.
Vehicles permitted to collect waste within the Town which is
to be delivered to Pine Tree Waste/Casella in Westbrook must be of
a suitable design which is acceptable to Pine Tree Waste/Casella in
Westbrook.
The selectmen may impose a fine up to $1,000 plus all costs incurred by the Town, including legal fees, for each infraction of Chapter
179, Waste Management, Article
II, Solid Waste, or these Rules and Regulations. Each waste load or day of violation shall be considered a separate violation which is subject to a separate fine.
Each permitted hauler delivering waste to Pine Tree Waste/Casella
in Westbrook shall supply a customer list to the Board of Selectmen.
This list will be used to determine if the total amount of waste delivered
to Pine Tree Waste/Casella in Westbrook is reasonably related to the
amount of waste generated by that hauler's customers and for such
other purposes as the Selectmen determine to be necessary. The total
number of seasonal and year-round customers shall be set forth. Each
permitted hauler shall notify the Town on a monthly basis of changes
in its customer list. These lists will be kept confidential by the
Town.
Unless otherwise approved by the Town, hours of solid waste
collection, for all permit holders, shall start no earlier than 6:30
a.m. and shall be completed no later than 6:00 p.m.
No permit shall be transferred to any person or to any other
vehicle, and no permit fee shall be refunded if the permitted activity
is ceased prior to the expiration of the permit. Purported transfers
not in accordance with this section are void.
Whenever a permit is in effect, the permittee shall be responsible
for notifying the Board of Selectmen in writing of any material change
in facts set forth in the application for the permit within seven
days thereafter. Failure to comply with this requirement shall be
a violation of this chapter.
A permit may be denied, suspended or revoked by the Board of
Selectmen upon a determination of the existence of one or more of
the following grounds:
A. Failure to fully complete the application forms, knowingly making
an incorrect statement of a material nature on such form, failure
to supply any additional documentation required or reasonably necessary
to determine whether such permit should be issued, or failure to pay
any fee required hereunder.
B. The permittee has violated any provision of Chapter
179, Waste Management, Article
II, Solid Waste, or these Rules and Regulations in the course of the conduct of the activity for which the permit has been issued.
C. The permittee has failed to comply in any material respect with Pine
Tree Waste/Casella in Westbrook's hauler regulations on two or more
occasions within a twelve-month period.
The Board of Selectmen shall give notice of the time and place
of the hearing by regular United States mail at least seven days in
advance of the hearing date. Failure of any person other than the
permittee or complainant to receive a notice of hearing shall not
necessitate another hearing and shall not invalidate any action taken
as a result thereof.
Any person aggrieved by a decision of the Board of Selectmen
under these rules and regulations may appeal therefrom to the Superior
Court in accordance with the provisions of Rule 80B of the Maine Rules
of Civil Procedure.
These rules and regulations as amended shall be effective as
of March 1, 1994.