[Ord. of 7-6-2015]
This chapter shall be known and may be cited as the "City of
Old Town Solid Waste Landfill Licensing Ordinance."
[Ord. of 7-6-2015]
(a)
ABUTTER
ALTER
AMENDMENT
APPLICANT
APPLICATION
ASSESSMENT MONITORING
CEO
CITY
CONSTRUCTION AND DEMOLITION DEBRIS
CONTAMINATION (or POLLUTION)
DEPARTMENT (or MDEP)
DETECTION MONITORING
DISPOSAL.
ENVIRONMENTAL MONITORING
EXISTING HOURLY SOUND LEVEL
EXPAND or EXPANSION
INSURER
JOINT COMMITTEE
LANDFILL GAS
LEACHATE
LICENSE
MAINE SOLID WASTE LAWS
MAINE SOLID WASTE MANAGEMENT RULES
MBEP
MINOR REVISION
MUNICIPAL SOLID WASTE
OPERATOR
ORDINANCE (or CHAPTER)
OWNER
PERMIT AMENDMENT
PERMIT HOLDER
PROTECTED LOCATION
PUBLIC VIEWING AREA
RESOLVE
SECONDARY MATERIAL
SECURE LANDFILL
SOLID WASTE
SOLID WASTE BOUNDARY
SOLID WASTE FACILITY (or FACILITY)
SOLID WASTE FACILITY PERMIT
SOLID WASTE FACILITY REVIEW COMMITTEE or COMMITTEE
SOLID WASTE LANDFILL (or LANDFILL)
SPECIAL WASTE
WEST OLD TOWN LANDFILL
WOOD WASTES
For purposes of this chapter, the following terms shall have the
following meanings, unless the context indicates otherwise. Terms
listed but not specifically defined shall have the meanings established
by Maine's Solid Waste Management Act, the Site Location of Development
Law,[1] the Natural Resources Protection Act,[2] or regulations adopted under those laws. Undefined terms
shall have their common dictionary meanings.
Any person, corporation or other entity that owns or leases
property that abuts an existing or proposed solid waste facility,
including owners of property across a street from the solid waste
facility.
To change the capacity of or to change the siting, design,
construction or operation of a solid waste facility or activity in
any way from that previously approved by the City or the Maine Department
of Environmental Protection.
The person(s) or entity or entities submitting the application
for a solid waste facility permit, and shall include both the owner
and the operator of the proposed facility, if different.
An application for a solid waste facility permit.
The duly appointed Code Enforcement Officer for the City
or the Code Enforcement Officer's designee.
The City of Old Town, Maine.
The Maine Department of Environmental Protection, including
the Board of Environmental Protection and the Commissioner.
The discharge, deposit, dumping, spilling, leaking, or placing
of any solid waste into or on any land, air or water so that the solid
waste or any constituent thereof may enter the environment or be emitted
into the air, or discharged into any waters, including groundwaters.
This term does not include any beneficial use approved or exempted
from a permit requirement by the MDEP.
The hourly sound level at a solid waste facility or at protected
locations prior to the first expansion of that solid waste facility.
As it applies to solid waste landfills, means to dispose of solid waste beyond the horizontal boundaries previously licensed by the Department for solid waste disposal, including any expansion of the type of solid waste the landfill is licensed to accept, except when allowed as part of a Department-approved closure activity; provided, however, that with regard to the West Old Town Landfill, "expand" or "expansion" means to dispose of solid waste beyond the horizontal boundaries previously licensed by the Department for solid waste disposal prior to September 13, 2003, except when allowed as part of a Department-approved closure activity (with notice to the City as required by § 22A-19 of this chapter), and includes any expansion, on or after September 13, 2003, of the type of solid waste said landfill is licensed to accept for disposal in addition to the types of solid waste listed in the "List of Acceptable Categories of Maine Waste Licenses by the DEP for Disposal at WOTL as of September 2005," Exhibit 2 to the "Host Community Compensation and Facility Oversight Agreement," dated December 8, 2005, by and among the State of Maine, the City and Casella Waste Systems, Inc. ("Exhibit 2").
The person or company that provides the insurance contract
or insurance policy to indemnify the permit holder and/or the City
in the event of a loss or damage covered by an insurance policy required
by this chapter.
The Joint Citizen Advisory Committee, originally established
by the City and the Town of Alton, pursuant to the terms of the Resolve.
The Joint Committee has eight members, five from the City, two from
the Town of Alton, and one appointed by the Penobscot Indian Nation.
Shall have the same definition as "permit."
All the laws of the State of Maine relating to the regulation
of solid waste landfills.
Chapters 400 and 401 of the Code of Maine Regulations, in
effect pursuant to the Maine Administrative Procedures Act, as amended.
The Maine Board of Environmental Protection.
The person, corporation partnership, limited partnership,
or other entity designated as responsible for the operation of a solid
waste facility.
This City of Old Town Solid Waste Facilities Ordinance, Chapter 22A of the Code of Ordinances.
Any person who, alone or in conjunction with others, owns
the real property on which a solid waste facility subject to this
chapter is located.
A modification to a permit issued under this chapter that
would permit a solid waste facility to increase the capacity of the
facility; would alter the siting, design, construction or operation
of the facility; or would alter the nature of an activity to an extent
that would require the City to modify any findings with respect to
any of the permit criteria; including, but not limited to: a transfer
or change in the owner or operator of a solid waste facility; any
expansion of a facility, including any expansion of the type of solid
waste the facility is licensed to accept; closure of the facility;
or any amendment or minor revision to a Department license or a state
or federal permit or other change that would violate or depart from
any of the terms or conditions of the solid waste facility permit
issued under this chapter.
The person(s) or entity or entities owning and operating
a solid waste facility pursuant to a permit and/or permit amendment,
and shall include both the owner and the operator of the solid waste
facility, if different.
Resolves, 2003, Chapter 93, enacted by the First Regular
Session of the 121st Maine Legislature, with an effective date of
September 13, 2003.
Solid waste landfill, and any land area, structure, location,
equipment or combination of them, owned by the State of Maine and
used for landfilling of solid waste and/or special waste, secure landfills
and any necessary uses customarily associated with a landfill.
A permit issued by the Planning Board under this chapter.
The Committee appointed by the Old Town City Council to advise
the City Council on solid waste disposal issues.
A discrete area of land or an excavation, owned by the State
of Maine and used for the permanent disposal of solid waste. This
term does not include land application sites used in programs approved
by MDEP.
A solid waste landfill located on Bennoch Road in the City
of Old Town, Maine, that is the subject of the Resolve and that also
is known as the "Juniper Ridge Landfill."
