[Ord. of 7-6-2015]
(a)
No person may locate, establish, construct, alter, expand, operate,
change or transfer ownership or operation, or close a solid waste
facility or expansion without first obtaining a permit or permit amendment
thereto issued by the City pursuant to this chapter.
(1)
Exception. Any solid waste facility existing and operating on the effective date of the Resolve may continue to operate without the permit required by this chapter, until the facility proposes to expand as defined in § 22A-4 hereof; but any such existing solid waste facility must obtain and comply with any other permits or licenses required by federal, state or local laws or ordinances; provided however, that with respect to the expansion of the West Old Town Landfill, upon the issuance by MDEP of a permit, permit amendment or other approval to operate the first cell of the expansion, the provisions of this chapter and of any permit or permit amendment shall apply to the operation of the entire solid waste facility, both the portion existing at the time of application and any proposed expansion, except for provisions regarding waste characteristics (except for types of solid waste not listed in Exhibit 2), impact on existing uses and scenic character, water quality and environmental monitoring program provisions of this chapter, which shall apply only to said expansion.
(b)
No person may operate a solid waste facility or expansion thereof
in violation of the terms and provisions of this chapter or applicable
City permits and permit amendments.
(c)
No person may transfer a solid waste facility or expansion permit
or permit amendment thereof without first obtaining the written approval
of the MDEP and the Planning Board as to the transferee's financial
and technical capacity.
[Ord. of 7-6-2015]
(a)
This chapter shall be administered by the City Manager and his/her
duly authorized representative, the CEO. The powers and duties of
the City Manager and the CEO are as follows:
(1)
To manage and oversee activities at the solid waste facility
and expansion and of the permit holder under the provisions of this
chapter;
(2)
To enforce the provisions of this chapter; and
(3)
To cause the initiation of any necessary or appropriate proceedings,
either legal or equitable, to enforce this chapter.
(b)
The responsibilities of the Planning Board are:
(1)
To review solid waste facility and expansion applications submitted
to the City and hear and decide on permit and permit amendment applications
as outlined herein.
(c)
The responsibilities of the City Council are as follows:
[Ord. of 7-6-2015]
(a)
Application fee. A nonrefundable application fee, as established
by the City Council after notice and hearing, shall be submitted with
any solid waste facility permit application, including an application
for a permit amendment. Failure to pay the required fee at the time
of filing will result in the application being returned to the applicant.
The application fee shall be in addition to any required review fee.
(b)
Review fee.
(1)
A review fee for direct and reimbursable costs, including, but
not limited to, legal, engineering and other professional fees incurred
to assist the CEO and Planning Board in reviewing and evaluating the
application and other costs specifically attributable to an application,
will be paid by the applicant as specified herein.
(2)
The applicant, at the time of submitting an application, shall
pay a review fee as established by the CEO or Planning Board - whichever
is conducting the review of the application. The review fee shall
be deposited in an escrow account.
(3)
Funds deposited in a review fee escrow account may be used for
the cost of consultant services, including legal fees, to assist the
CEO or Planning Board in reviewing and evaluating the application,
provided the CEO or Planning Board shall avoid duplicative reviews
and evaluations conducted during any MDEP license process by using
information obtained or generated during that process to the extent
practicable. The applicant may need to replenish the escrow account
during the application review process and shall do so at any time
the balance in the escrow account falls below 20% of the initial deposit.
The applicant shall deposit additional funds in the escrow account
within 30 days of notification by the City that the balance is insufficient.
Upon failure to pay subsequent billed review fees when due, the CEO
shall cease review activities regarding the application. Final payment
of the review fee shall occur before a decision on the permit is issued.
(c)
Escrow accounts. Fees in escrow accounts shall be deposited, invested
and administered by the City Finance Director and may be invested
as provided by Maine law. Any interest on the investments shall be
credited to the escrow account. The initial expenditure of funds from
the escrow account must be approved by the City Manager. Any applicant
or permit holder shall be entitled to an accounting of the expenditure
of funds in their escrow account upon request. Upon approval or denial
of the application and the completion of any appeals or time periods
for appeals, monies remaining in the review fee escrow account, if
any, shall be reimbursed to the applicant.
[Ord. of 7-6-2015]
(a)
All provisions of this chapter shall be enforced by the City Manager
and/or his/her duly authorized representative, the CEO.
(b)
Whenever the CEO determines that there has been a violation of this
chapter or of the solid waste facility permit, the CEO shall notify
the permit holder by submitting a written notice of violation via
certified mail, return receipt requested (and by email), of such violation
to the address (postal and email) given in the application and by
hand-delivery to the local authorized agent to whom all correspondence
and notices from the City should be sent. The notice of violation
shall contain the following information:
(1)
A statement citing the alleged violation, a description of the
violation, the date thereof, and an order describing corrective action
which, if taken, will effect compliance, including a reasonable time
frame within which the permit holder must correct the violation and
perform any corrective actions required.
(2)
The notice of violation shall state that unless the required
corrective actions are made within the allotted time, the permit holder
is subject to legal enforcement action and/or permit suspension or
revocation pursuant to the provisions of this chapter.
(3)
The permit holder and the CEO, with the approval of the City
Manager, may agree to an extension of the time specified in the notice
of violation if the CEO and/or City Manager determine that the permit
holder is taking reasonable steps to correct the violation and additional
time is necessary to complete the corrective action.
(4)
The permit holder may appeal a notice of violation issued by
the CEO to the City Council by submitting a detailed written objection
to the City Manager, as agent for the Council, within 30 days after
receiving a notice of violation. The objection by the permit holder
shall serve as a request for a hearing.
(5)
If the permit holder does not appeal the notice of violation
and/or does not correct the violation within the time specified in
the notice or the mutually agreed upon extension, the CEO shall inform
the City Manager in writing.
(6)
The City Manager shall review the notice of violation and the
CEO's report and determine whether to initiate proceedings to
suspend or revoke the permit or to seek authorization to commence
an enforcement action.
[Ord. of 7-6-2015]
(a)
Whenever the CEO determines that there has been a violation of this chapter or of the solid waste facility permit that constitutes an immediate threat to the public health, safety or the environment, the CEO may request that the City Manager issue a permit suspension notice. If the permit holder does not correct the violation within the time specified in the permit suspension notice, or a mutually agreed upon extension, the CEO shall inform the City Manager. Notification to the permit holder will be as stated in § 22A-24(b) above.
(b)
A solid waste facility permit may be suspended by notice of violation permit suspension issued by the City Manager at the request of the CEO, if the City Manager concurs with the CEO that continued operation of the solid waste facility constitutes an immediate threat to the public health or public safety or the environment. Notification to the permit holder will be as stated in § 22A-24(b) above. After receiving the notice of violation with permit suspension, the permit holder may respond to the City Manager and challenge the permit suspension by appealing the notice of permit suspension to the City Council. A suspension shall remain in effect until rescinded by the City Manager or the City Council after hearing.
(c)
A solid waste facility permit also may be suspended, revoked or modified
by the City Council, after notice and hearing, for any of the following
reasons:
(1)
The permit holder has violated a term, condition or provision
of the solid waste facility permit or this chapter that threatens
the public health or safety and has failed to correct the violation;
(2)
The permit holder obtained a permit by misrepresenting or failing
to disclose fully all relevant and material facts during the application
process or in monitoring reports;
(3)
The operation of the solid waste facility threatens the public
health or public safety or the environment or creates a nuisance;
(4)
A change in conditions or circumstances requires a suspension,
revocation or a temporary or permanent modification of the permit;
and/or
(5)
The permit holder has failed to pay required fees.
(d)
Hearing.
(1)
The permit holder shall be notified, in writing, as to the time
and place of the hearing a minimum of 10 days prior to the hearing
date. In the case of an appeal from a CEO-issued notice of violation,
the hearing notice shall identify the notice of violation being appealed.
In the case of a permit suspension or revocation request initiated
by the City Manager, the hearing notice shall contain the notice of
violation and/or permit suspension notice and a statement describing
the reason(s) for which the City Manager suspended the permit or is
asking the City Council to revoke the permit.
(2)
The permit holder has the right to be represented by counsel,
to offer evidence and to cross-examine witnesses.
(3)
The CEO or City Manager shall present the reason(s) for issuing
the notice of violation, notice of violation with permit suspension
or request for permit revocation and may be represented by counsel
to offer evidence and to cross-examine witnesses.
(4)
A decision shall be made by the City Council, in writing, within
10 days after the conclusion of the hearing and shall include findings
of fact and conclusions of law. If the City Council decides there
has been a violation of this chapter or the terms and conditions of
the solid waste facility permit, the City Council shall determine
the appropriate sanction, which may be to suspend or revoke the permit.
If the City Council decides there has been no violation, or that the
violation has been corrected or resolved, a notice to that effect
shall be issued to the permit holder and the City Manager.
(5)
The City Council's decision to suspend or revoke a permit shall take effect no later than 10 days after the date the notice of decision has been mailed by registered mail, return receipt requested, to the permit holder. The notice of decision shall set forth the reason(s) for the suspension or revocation and the effective dates thereof, together with a statement that such decision may be appealed as provided in § 22A-26.
(e)
Nothing herein shall be construed as limiting the City's authority
to seek immediate injunctive relief if such enforcement action is
deemed necessary by the City.
[Ord. of 7-6-2015]
Anyone denied a solid waste facility permit, a permit amendment, or who has had a solid waste facility permit suspended or revoked pursuant to § 22A-25 of this chapter may seek judicial review in a accordance with state law within 30 days from the date of receipt of the notice of decision.
[Ord. of 7-6-2015]
(a)
Any permit holder, person, firm, corporation, or other entity who
or which violates any provision of this chapter or the terms or conditions
of any solid waste facility permit, order, approval or decision (hereinafter
called "violator") shall be subject to civil penalties, permitted
by 30-A M.R.S.A. § 4452 and as provided herein.
(1)
Penalties shall not be less than $100 nor more than $2,500 per
day, payable to the City of Old Town. Each day the violation continues
constitutes a separate violation.
(2)
Notwithstanding Subsection (a)(1), the maximum penalty may exceed
$2,500 per day, but not more than $25,000 per day, if the City establishes
that this is a second violation by the same violator within a two-year
period.
(3)
If the economic benefit resulting from the violation to the
violator exceeds the applicable penalties under this section, then
the maximum civil penalties may be increased. However, the maximum
civil penalty may not exceed an amount equal to twice the economic
benefit resulting from the violation. Economic benefit includes, but
is not limited to, costs avoided or enhanced value accrued at the
time of the violation attributable to the violator's noncompliance
with the applicable legal standards.
(b)
In addition to the civil penalties imposed above, the violator shall
be ordered to correct or abate the violation, unless correction or
abatement will cause or create a threat to the public health, safety
or substantial environmental damage.
(c)
In addition, any violator of this chapter and/or the terms and conditions
of a solid waste facility permit will be ordered to pay all costs
of abating the violation and the enforcement proceedings, including,
but not limited to, legal fees and legal services, fees of expert
witnesses and consultants, costs of discovery and exhibits, incurred
by the City to the extent permitted by 30-A M.R.S.A. § 4452.
Any penalties imposed pursuant to this section shall be in addition
to any action taken by the City to suspend or revoke a solid waste
facility permit.
(d)
The City Council may institute any and all actions and proceedings,
whether legal or equitable, including seeking injunctions of violations
and imposing the civil penalties specified herein, that may be appropriate
to enforce the provisions of this chapter.
[Ord. of 7-6-2015]
Any permit, license or approval issued pursuant to any ordinance
predating the adoption of this chapter shall remain in full force
and effect, subject to the laws, including other applicable City ordinances,
that were in effect at the time of issuance, for the life of said
permit, license or approval or until a permit is required by this
chapter. In the event that a provision in this chapter is inconsistent
with a provision of state law, the provisions of this chapter shall
apply to the extent permitted by the Resolve.
[Ord. of 7-6-2015]
(a)
The provisions of this chapter shall supersede all other local laws,
ordinances, resolutions, rules or regulations contrary thereto, or
in conflict therewith.
(b)
If any provision or section of this chapter, or application thereof
to any person or circumstances, is held void or invalid, such invalidity
shall not affect other provisions or applications of this chapter
that can be given effect in whole or in part without the invalid provision
or application, and to this end each provision of the chapter is declared
to be severable and independent. It is the intent of the City of Old
Town that each and every article, section, subsection, clause and
paragraph of this chapter be given effect to the degree possible.
[Ord. of 7-6-2015]
This chapter shall take effect 10 days after passage by the City Council as provided by Article II, Section 9, of the Old Town City Charter.
