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.
[HISTORY: Adopted by the Board of Selectmen of the Town of Kennebunkport 12-16-1993, as amended through 4-24-2025. Subsequent amendments noted where applicable.]
A.
The owner of each vehicle collecting solid waste for disposal shall obtain a permit for that vehicle from the Board of Selectmen prior to the use of that vehicle to collect and dispose of any waste in the Town. Permit applications shall be submitted to the Town on forms provided by the Town for that purpose. The Board of Selectmen shall review the application and may require the applicant to appear before the Board to provide relevant information and respond to questions. The Board shall make a decision within 60 days of receipt of a complete application and shall grant the permit upon a finding by the Board that the applicant has met all the requirements of Chapter 179, Waste Management, Article II, Solid Waste, and these Rules and Regulations. Permits shall be renewed on an annual basis in accordance with the foregoing procedures.
B.
Before obtaining a permit, the Town-contracted company must establish reasonable financial responsibility for delivering waste safely and competently to Ecomaine on behalf of the Town. Before obtaining a permit, non-contracted companies must establish reasonable financial responsibility for delivering waste safely and competently to a licensed facility.
C.
Every vehicle owner or hauler seeking a permit under this section must agree to comply with the hauler regulations as they relate to federal, state, county, local statutes, or regulations, including any regulation prohibiting delivery of unacceptable waste, as that term is defined in Chapter 179, Waste Management, Article II, Solid Waste.
D.
Every Town-contracted company seeking a permit under this section must agree to notify Ecomaine’s weigh station operator and/or waste delivery inspector if their load contains pathological waste or hazardous waste or is from a source such as a hospital or other place likely to produce pathological waste or hazardous waste.
A.
The following sites are approved disposal sites for each waste stream listed. No other site shall be used for waste originating in the Town without written authorization of the Board of Selectmen.
(2)
White goods: the Kennebunk Transfer Station, Sea Road, Kennebunk.
(3)
Brush and demolition debris: Kennebunk Transfer Station, Sea Road, Kennebunk.
(4)
Hazardous waste: state approved site for the specific waste.
(5)
Recyclable material: every week curbside or Kennebunk Transfer Station, Sea Road, Kennebunk.
(6)
Stumps and grubbings: J.A. Simpson, Inc., 281 Jagger Mill Road, Sanford, ME, or other licensed facility.
(7)
Organic waste (including fibrous materials and food waste): Maine Department of Environmental Protection approved processing facilities and composting facilities.
B.
Acceptable waste.
(2)
Acceptable waste for Kennebunk Transfer Station: construction and demolition debris, brush, leaves, lawn wastes. Other wastes acceptable at the Kennebunk Transfer Station include but are not limited to asphalt shingles and non-recyclable metal and plastic. [For additional information and a list of acceptable sites for special wastes, call the Maine Department of Environmental Protection, (207) 289-2111.]
C.
Any project required to be reviewed by the Planning Board for site plan or subdivision approval is required to use a facility licensed by the Maine Department of Environmental Protection.
A.
For each vehicle hauling waste, an annual fee as set by the Board of Selectmen shall be assessed for the period of June 1 to May 31 or any portion thereof.
B.
A fee for disposal of brush and demolition debris will be charged as assessed by the current contractor of Kennebunk Transfer Station. Cash and card payments will be accepted at the facility.
C.
A fee for white good disposal will be charged as assessed by the current contractor of Kennebunk Transfer Station. Cash and card payments will be accepted at the facility.
Each vehicle which is issued a permit shall be placarded identifying their company.
The Town of Kennebunkport will does pay the tipping fee for waste and recycling delivered to Ecomaine by Town-contracted companies only. Permitted non-contracted companies shall be responsible for the tipping fees at all disposal facilities unless agreed to by the Board of Selectmen. Tipping fees at disposal facilities shall be the responsibility of the permitted non-contracted companies, unless otherwise agreed to in writing by the Board of Selectmen and the hauler.
A.
Only waste originating from and collected within the Town by the Town-contracted company and delivered to Ecomaine shall be charged to the Town unless otherwise authorized by the Board of Selectmen.
B.
Waste collected within the Town shall not be mixed with waste from any other community unless certified weighing equipment is built into the truck to assure proper origin for municipal charge. Prior approval of the Selectmen is required for each hauler to use such scales for mixed loads.
Vehicles permitted to collect waste within the Town which is to be delivered to Ecomaine must be of a suitable design which is acceptable to Ecomaine.
A.
Any resident or business putting unacceptable waste or unacceptably contained waste out for collection shall remove the waste within 24 hours of notification by the Town or shall be subject to a fine imposed by the Board of Selectmen in accordance with § 342-10.
B.
Acceptable containers which must be utilized after May 5, 2025. In connection with the curbside waste collection service provided by the Town, the following containers shall be acceptable:
(1)
The only acceptable containers are the specialized carts provided by the Town. Each household is allowed only the two Town-issued carts (one for trash and one for recycling). Trash should be bagged inside the trash cart and recycling should be loose inside the recycling cart. The carts will be kept by the individual property owners, however, shall remain the property of the Town of Kennebunkport.
(2)
Unacceptable containers shall include anything other than the Town-issued carts. All containers must be in good condition. It is the responsibility of the hauler to determine the acceptability of containers. Unacceptable containers will not be collected.
(3)
Any person or business putting waste out for curbside collection earlier than 4:00 p.m. the day prior to scheduled collection or failing to remove their containers from curbside within 24 hours of pickup shall be subject to a fine imposed by the Board of Selectmen as stated in Chapter 179, Waste Management, Article II, Solid Waste, § 179-10, unless otherwise authorized by the Town.
C.
One Town-issued recycling cart and one Town-issued trash cart per residence are the limit allowed for weekly curbside pickup.
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.
The Town’s contracted company will only pick up from locations provided by the Town and additional waste or recycling shall not be mixed in unless specifically authorized 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.
A.
A permit may not be revoked or suspended without prior notice to the permittee and a hearing.
B.
In the case of the suspension or revocation of a permit, a hearing shall be given to the permittee and a statement of the nature of the complaint constituting the basis for the proposed action shall be included in the notice of hearing. Unexcused failure of permittee to appear at the hearing shall be deemed a waiver of the right to said hearing.
C.
Upon a determination that immediate and irreparable harm will be suffered by the public prior to the time that a hearing on suspension or revocation of a permit can be scheduled and upon a finding of probable cause for such suspension or revocation, the Board of Selectmen may suspend a permit, pending hearing, effective upon the giving of actual notice to the permittee, provided that the Board of Selectmen shall give an opportunity to be heard as soon as practicable thereafter. At any hearing, the permittee shall be given the opportunity to answer the complaint and to present evidence. The complainant shall also be notified of the hearing and given the opportunity to be heard.
D.
All suspensions or revocations shall be based upon substantial evidence and all hearings shall be conducted with substantial fairness. Strict adherence to the rules of evidence shall not be required.
E.
All hearings on suspension or revocation of permits shall be held within 30 days of delivery to permittee of the statement of complaint.
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 May 1, 2025.