As used in this article, the following terms shall have the meanings indicated:
ACCEPTABLE WASTEWastes to be acceptable for transport to the Facility shall include all Acceptable Waste, as that term is defined in a certain Waste Handling and Recycling Agreement (the "Agreement") dated June 12, 2025, and any amendments thereto, between the Town of Kennebunkport and the Company.
AGREEMENTThe Waste Handling and Recycling Agreement dated June 12, 2025, between the Town of Kennebunkport and Ecomaine.
APPROVED DISPOSAL FACILITY OR SITEThe 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. The Town Manager shall determine the appropriate disposal site(s) for the various types of waste.
COMPANYThe company or companies that are contracted with the Town to collect and transport municipal solid waste and recycling to the Facility.
DELIVERY HOURSThose hours established by the Selectmen in compliance with the Agreement that Acceptable Waste may be delivered to the Facility.
DISPOSALThe 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.
DISPOSAL FACILITIESAny 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.
FACILITYThe waste-to-energy plant and the recycling facility (consisting of all ancillary buildings, equipment, installations, and the like) owned and operated by Ecomaine, located at 64 Blueberry Road, Portland, Maine.
HAULERAny entity or person granted a permit by the Selectmen to collect and haul Solid Waste and Recycling within the Town.
HAZARDOUS WASTEAll 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:
A. 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.
RESOURCE RECOVERYThe 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.
SELECTMENThe Board of Selectmen of the Town of Kennebunkport.
SOLID WASTESolid 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.
TIPPING FEEThe payments required to be made by the Town to Ecomaine under the Agreement for processing Acceptable Waste received at the Facility or which would otherwise have been received at the Facility.
TOWNThe Town of Kennebunkport.
UNACCEPTABLE WASTEAll waste defined as Unacceptable Waste in the Agreement, including, without limitation, the following:
A. 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.
Tannery sludge and sewer sludge of any kind.
"White goods" such as freezers, refrigerators, washing machines, or parts thereof.
Pesticides and other organic fluids.
Firearms, ammunition and explosives.
Other wastes which in the reasonable judgment of the Ecomaine:
(1) 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.