[Ord. of 7-6-2015]
The Planning Board shall issue a solid waste facility permit
or permit amendment in accordance with this chapter if the Planning
Board determines that the solid waste facility and expansion meets
each of the standards of this section; provided, however, that with
regard to proposed expansion of the West Old Town Landfill, the standards
of this section shall apply to both the solid waste landfill in existence
at the time of application and the proposed expansion, except that
the standards in Subsection (g). Waste characteristics (except for
types of solid waste not listed in Exhibit 2), Subsection (k), Impact
on existing uses and scenic character, Subsection (l), Water quality,
and Subsection (n), Environmental monitoring program, shall apply
only to the proposed expansion. The applicant shall demonstrate that
the solid waste facility will not threaten public health, human safety
or the environment or create a nuisance by demonstrating compliance
with the standards of this section. The Planning Board shall deny
a solid waste facility permit if the Planning Board determines that
the applicant does not demonstrate compliance with each of the standards
of this section.
(a)
Financial and technical capacity. The applicant has demonstrated
financial and technical capacity to design, construct, operate and
close the solid waste facility and expansion in accordance with the
requirements of this chapter and the MDEP license.
(b)
Traffic. The applicant has made adequate provision for safe and uncongested
traffic movement of all types into, out of and within the proposed
solid waste facility and expansion.
(1)
The haul routes within the City will safely accommodate the
number, weight and types of vehicles transporting waste to and from
the facility and expansion.
(2)
The applicant has developed a plan meeting the requirements of § 22A-8(d) regarding overweight vehicles and has agreed to implement that plan. Vehicles transporting solid waste also will be licensed by the City in accordance with its requirements, when enacted, for licensing solid waste haulers.
(3)
The entrance and exit design for the solid waste facility and
expansion will provide safe sight distances in all directions and
provide for safe turning.
(4)
Necessary improvements to roads or intersections will be completed
prior to initial operation of the facility and expansion or beginning
operations pursuant to a permit, permit amendment or permit renewal,
unless an alternative schedule is approved by the City.
(5)
Major facility and expansion roadways will allow continuous
and uninterrupted traffic movement without causing traffic to back
up onto City streets, posing a danger to pedestrians or other vehicles,
and will provide safe access for City public safety personnel and
vehicles.
(6)
The applicant has developed a plan to minimize litter and nuisance
odor from trucks and vehicles used to transport solid waste to, or
leachate from, the facility and expansion and has agreed to implement
that plan.
(c)
Utilities. The applicant has made provisions for utilities to furnish
service at the required design usage.
(d)
Fugitive dust and nuisance odors. The applicant has made adequate
provisions for the control of fugitive dust and nuisance odors so
that the solid waste facility will not unreasonably adversely affect
air quality beyond its property boundary.
(e)
Litter control. The applicant has made adequate provision for control
of litter, routine maintenance, and general cleanliness of the entire
facility and expansion site.
(f)
Vector and bird control. The applicant has made adequate provision
for minimizing disease vectors on the site and has developed an effective
bird control plan to protect human health.
(g)
Waste characteristics. The applicant has developed and will implement
a hazardous waste and special waste handling and exclusion plan under
the Maine Solid Waste Management Rules to detect, identify, handle,
store and transport special and hazardous wastes. The applicant has
demonstrated the ability to comply with MDEP requirements regarding
the handling of solid waste and the storage, handling, transportation
and disposal of leachate.
(h)
Noise. The solid waste facility and expansion will not generate excessive
noise at the property boundary and/or at any protected location, as
demonstrated by compliance with the following:
(1)
Sound level limits. The hourly sound levels from routine operation
of a solid waste facility will be less than or equal to:
a.
75 dBA for daytime and nighttime hours at the facility property
boundary;
b.
60 dBA for daytime hours and 50 dBA for nighttime hours at any
protected location in an area for which the zoning, or the existing
uses are not predominantly commercial or industrial; or
c.
70 dBA for daytime hours and 60 dBA for nighttime hours in an
area for which the zoning or existing uses are predominantly commercial
or industrial.
(2)
Alternative levels. If the applicant chooses to demonstrate
by measurement that the daytime or nighttime predevelopment ambient
sound environment at any protected location exceeds the daytime or
nighttime limits above, by at least 5 dBA, then the daytime or nighttime
limits are 5 dBA more than the measured daytime or nighttime predevelopment
ambient hourly sound level at the location of the measurement for
the corresponding time period.
(3)
Existing facilities. For any protected location near an existing
solid waste facility, the hourly sound level limit for routine operation
of the existing facility and all future expansions of that facility
is the hourly sound level written above or, at the applicant's
election, the existing hourly sound level from routine operation of
the facility before any expansions plus 3 dBA.
(4)
Equipment used during construction and maintenance activities
at the solid waste facility and expansion will comply with applicable
state and federal noise regulations and include environmental noise
control devices in proper working condition and maintained as originally
provided with the equipment by its manufacturer.
(5)
Sounds associated with the following are exempt from the sound
level limits of this section:
a.
Routine engine sounds, from registered and inspected motor vehicles,
with a properly installed and maintained muffler system as required
by 29-A M.R.S.A. § 1912:
b.
The unamplified human voice and other sounds of natural origin.
c.
Emergency maintenance and repairs.
d.
Facility and vehicle warning signals and alarms, so long as
used in appropriate circumstances.
e.
Safety and protective devices installed in accordance with the
devices' installation instructions.
f.
Test operations of emergency equipment occurring in the daytime
and no more frequently than once per week.
g.
Major concrete pours that must extend after 7:00 p.m., when
started before 3:00 p.m.
h.
Snow removal, landscaping and street sweeping activities.
i.
Sound from a regulated development received at a protected location
when the generator of the sound has been conveyed a noise easement
for that location. This exemption shall only be for the specific noise,
land and term covered by the easement.
(i)
Air quality. The applicant has made adequate provision to avoid unreasonable
adverse impacts on air quality, including unreasonable adverse impacts
from landfill gases, and for monitoring landfill gases and reporting
any management activities undertaken. The applicant has developed
adequate methods and/or systems to handle, place and address nuisance
odor-producing materials and processes, including enclosure of nuisance
odor-producing materials and processes, and the use of technology
to control, reduce or eliminate odors from the facility and expansion.
(j)
Liability insurance. The applicant, except if the applicant is a
public entity, has demonstrated that it has adequate liability insurance
for construction, operation, closure and post-closure monitoring and
maintenance at the facility and expansion by complying with MDEP permit
requirements, the requirements of this chapter and the following:
(1)
All liability insurance policies contain the required endorsements.
(2)
Policies provide that the bankruptcy or insolvency of the insured
does not relieve the insurer of its obligations under the policy.
(3)
If a liability insurance policy is written as a "claims made"
policy, an endorsement provides for a discovery period of at least
12 months beyond the date of expiration or cancellation of the policy.
The endorsement also provides that the underwriter will notify the
public according to the requirements below:
a.
At least 60 days prior to the date upon which the policy will
expire or be cancelled, written notification shall be given to all
abutters and to the CEO that insurance for the solid waste facility
will expire or be cancelled. The notification shall include the date
of expiration or cancellation and the fact that claims against the
insured must be filed within 12 months from the date of expiration
or cancellation and shall specify where and how to file claims;
b.
During the first, third, sixth and ninth month subsequent to
the date of expiration or cancellation, the underwriter shall place
in the Bangor Daily News and the Penobscot Times an advertisement
designed to attract notice and containing the information specified
in Subsection (j)(3)a, above.
(k)
Existing uses and scenic character.
(1)
The applicant has made adequate provision for fitting the solid
waste facility or expansion into the existing natural environment
and the solid waste facility or expansion will not unreasonably adversely
affect existing uses of surrounding and neighboring properties, scenic
character or other natural resources. Specifically, the facility or
expansion may not:
a.
Present a bird hazard to aircraft;
b.
Have an unreasonable adverse effect on the preservation of historical
sites;
c.
Unreasonably interfere with views from established public viewing
areas;
d.
Generate excessive noise at the property boundary or at any
protected location; or
e.
Unreasonably adversely affect existing uses of property neighboring
the proposed solid waste facility or expansion.
(2)
In determining whether the proposed solid waste facility or
expansion will have an unreasonable adverse effect on the scenic character
of the surrounding area, the Planning Board shall consider all relevant
evidence to that effect, such as evidence that:
a.
The design of the proposed solid waste facility or expansion
takes into account the scenic character of the surrounding area.
b.
A solid waste facility or expansion which is not in keeping
with the surrounding scenic character will be located, designed and
landscaped to minimize its visual impact to the fullest extent possible.
c.
Structures will be designed and landscaped to minimize their
visual impact on the surrounding area.
(l)
Water quality. The solid waste facility or expansion will not cause
an unreasonable adverse effect on surface water quality and will pose
no unreasonable risk that a discharge to a significant groundwater
aquifer will occur. The applicant has demonstrated that it will comply
with state and federal permit requirements governing groundwater and
surface water quality.
(m)
Compliance record. The applicant has demonstrated compliance with
the requirements of the Maine Solid Waste Management Rules, § 12,
Criminal or Civil Records, by receipt of an MDEP license for the facility
and compliance with any conditions imposed by the MDEP.
(n)
Environmental monitoring program. The applicant has demonstrated
that the proposed environmental monitoring program for the solid waste
facility or expansion will comply with applicable state and federal
permit requirements governing monitoring requirements.
(o)
Hours of operation. The hours of operation of the solid waste facility
and expansion will not unreasonably adversely impact on neighboring
properties, especially residential uses.
(p)
Applicable ordinances. The solid waste facility and expansion satisfies
all the applicable requirements of this chapter and other applicable
City ordinances.
[Ord. of 7-6-2015]
(a)
A solid waste facility permit shall remain in effect unless amended,
revoked, or suspended. The permit holder shall at all times comply
with applicable operating, monitoring, and reporting requirements,
including annual reporting requirements and other permit conditions.
(b)
Approval to construct, alter, expand or close a solid waste facility
shall not relieve the permit holder of the responsibility to comply
fully with applicable provisions of all other parts of this chapter,
other applicable City ordinances or state or federal law.
(c)
The permit holder shall have a continuing duty to provide copies
of all amended, modified or renewed federal and state solid waste
and other pollution control permits, permit amendments, approvals
and licenses. The permit holder shall have a continuing duty to inform
the City promptly, in writing, of any requested amendments, minor
revisions or modifications as well as any notices of actual or threatened
suspension or revocation of any federal and state permits, approvals
and licenses, and any communication from any federal or state official
or agency alleging noncompliance with any ordinance, statute, regulation,
permit, approval or license or conditions thereof.
[Ord. of 7-6-2015]
The Planning Board may impose any appropriate and reasonable
conditions to ensure compliance with this chapter. Every solid waste
facility permit shall be subject to at least the following standard
conditions:
(a)
Employees and authorized representatives of the City shall be allowed
access to the premises of the permit holder during normal business
and operating times and at such other times as the City deems necessary
to perform such tests and inspections as the City deems necessary
and to examine all records, including monitoring and test results,
relating to compliance with the permit and this chapter.
(b)
Approval to construct a facility or expansion thereof shall expire
if substantial construction of the first cell of the facility or expansion
is not commenced within three years after a solid waste facility permit
is issued, or within such period as is specified in the MDEP license
for the same, unless a request for an extension is granted. Requests
for extensions shall state the reasons why development did not begin
within the time specified in the permit and the reasons why the permit
holder would be able to begin the activity within three years from
the granting of a permit. If a permit expires, the permit holder may
reapply to the Planning Board for a new approval but may not begin
construction or operation of the solid waste facility or expansion
without a valid permit. Reapplications for approval may include by
reference information submitted in the initial application, provided
that such information is updated as needed to ensure it remains current.
Reapplications shall be subject to any new or revised ordinances adopted
or amended by the City.
(c)
The granting of a permit is based upon the reports, specifications,
and plans contained in the application and supporting documents submitted
and affirmed to by the permit holder during the application process.
Any variation from these plans, reports, specifications, and supporting
documents is subject to review and approval as a permit amendment
prior to implementation.
(d)
The permit holder shall secure and comply with all applicable federal,
state, and local laws, licenses, permits, authorizations, conditions,
agreements, and orders prior to and during construction, operation
and closure of the solid waste facility or expansion.
(e)
The permit holder shall submit all reports and information reasonably
requested by the City demonstrating that the permit holder has complied
or will comply with all terms and conditions of the solid waste facility
permit. The permit holder shall demonstrate that preconstruction terms
and conditions of the solid waste facility permit and of this chapter
are met before construction may begin.
(f)
No permit holder shall knowingly hire as an officer, director, or
supervisory or key employee any person having been found guilty of
a felony or of a violation of environmental laws or rules or knowingly
allow any such person to acquire an equity interest or debt liability
interest in the solid waste facility or expansion without first obtaining
written permission from the City.
(g)
A copy of the solid waste facility permit must be included in all
contract bid specifications for the solid waste facility or expansion.
(h)
The permit holder shall maintain a complaint log, which shall identify,
at least, the date and time of each complaint; the type and nature
of the complaint; the person or persons making the complaint, including
that person's address and telephone number; the method by which
the complaint was received; wind direction and speed at time of complaint;
the MDEP or facility person receiving the complaint; the date and
time a site visit was conducted to confirm the type and nature of
complaint; the date and time the permit holder responded to the complaint;
and a summary of any actions taken to resolve the complaint. The permit
holder shall submit a copy of the complaint log for the preceding
calendar quarter to the CEO within 15 days following the end of the
quarter.
(i)
The permit holder shall maintain a material inventory log identifying
the generator, transporter, quantity delivered (ton), waste description,
Maine manifest number, Maine county and date for all material delivered
to the facility and expansion. The permit holder shall submit a summary
of the material inventory log for the preceding calendar quarter to
the CEO within 15 days following the end of the quarter.
(j)
The permit holder shall be jointly and severally responsible for
compliance with the permit terms and all applicable City ordinances.
(k)
The permit holder shall institute reasonable procedures and employ
its best efforts to implement those procedures to require that any
person operating a vehicle transporting solid waste or leachate to
or from the facility and expansion shall have a current and valid
waste hauler's license from the City when and if such license
is required by the City; and that solid waste shall be transported
to, and leachate waste transported from, the facility and expansion
in completely enclosed containers or vehicles to prevent litter or
spillage on City streets and the release of nuisance odors during
transport.
(l)
The permit holder shall maintain an overweight truck log which shall
identify by day each overweight vehicle and set forth, at a minimum,
Maine manifest number, quantity of waste delivered (ton), truck number,
waste description and source, and summarize warnings or other action
taken. The permit holder shall submit a copy of the overweight truck
log for the preceding calendar quarter to the CEO within 30 days of
the end of the quarter.
(m)
Failure to comply with the terms of a solid waste facility permit,
including, but not limited to, these standard conditions and any special
conditions imposed, shall be considered a violation of the permit
and of this chapter.
(n)
The permit holder shall notify the CEO within 24 hours of being informed
of or receiving a notice of violation at the facility and expansion
by the MDEP or a federal agency. The permit holder shall take immediate
measures to remediate the violation and submit a written response
to the CEO within five working days describing in detail the corrective
actions taken to mediate the violation or a statement outlining the
basis on which the permit holder will contest the notice of violation.
If the permit holder contests the notice of violation, the permit
holder shall keep the CEO informed of any enforcement proceedings
and of the result thereof.
[Ord. of 7-6-2015]
(a)
No person shall change or transfer the ownership or operation of
a solid waste facility or expansion thereof subject to this chapter
without first obtaining written approval for the transfer of the ownership
of the solid waste facility from the MDEP or MBEP and the Planning
Board. Written approval must be applied for at least four weeks prior
to any transfer or assignment of property which is subject to the
permit. The permit holder shall not be relieved of its obligations
under the permit and this chapter unless and until the permit transfer
is approved. The amended or new permit shall specify whether and to
what extent the original permit holder shall remain obligated and
liable after the transfer is approved.
(b)
The Planning Board shall approve the change or transfer of ownership or operation of an existing solid waste facility or expansion thereof subject to this chapter as a major permit amendment upon a satisfactory demonstration by the new owner or operator of its technical and financial capabilities and intent to comply with all the permit terms and conditions and satisfy all applicable criteria of this chapter and other applicable City ordinances. All applicants seeking such approval shall submit compliance record information as specified in §§ 22A-7(b) and 22A-8(n), and shall comply with the public notice requirements of § 22A-6.
(c)
The Planning Board may impose such conditions on the change or transfer
of ownership or operation as deemed necessary and appropriate to ensure
that the new permit holder will operate in accordance with the permit
and this chapter.
