[HISTORY: Adopted by the Town Council of the Town of Windham 9-12-1989; amended 4-23-1996; 2-25-2003; 7-22-2003; 2-23-2021. Subsequent amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Ordinance
Relating to the Disposal of Solid Waste Within the Town of Windham,
Maine, Prescribing Rules and Regulations Therefor; Providing Penalties
for Violation Thereof" and shall be referred to herein as "this chapter."
The purpose of this chapter is to protect the health, safety
and general well-being of the citizens of the Town; to enhance and
maintain the quality of the environment, conserve natural resources
and prevent water and air pollution by providing for a comprehensive,
rational and effective means of regulating the disposal of solid waste
in the Town in accordance with the provisions of 38 M.R.S.A. §§ 1304-B
and 1305, as amended.
The following definitions shall be observed in the construction
of this chapter.
Ordinary household, municipal, institutional, commercial and
industrial solid waste, including but not limited to the following:
Garbage, trash, rubbish, paper and cardboard, plastics, refuse,
beds, mattresses, sofas, refrigerators, washing machines, bicycles,
baby carriages and automobile or small vehicle tires, to the extent
that ecomaine determines that the air emissions criteria and standards
applicable to and at the ecomaine disposal facility are not violated.
Processable portions of commercial and industrial solid waste.
Wood and lumber, tree limbs, branches, ties, logs and trees, if no more than 4 1/2 feet long and eight inches in diameter, leaves, twigs, grass and plant cuttings, provided that the municipality shall not be obligated to deliver or cause to be delivered any items listed in this Subsection A(3) to the ecomaine disposal facility, and further provided that such items may be delivered to the ecomaine disposal facility by or on behalf of the municipality on an irregular basis only and shall represent an insignificant portion of the total waste delivered to the ecomaine disposal facility by or on behalf of the municipality within any calendar year.
Notwithstanding any provisions to the contrary, unacceptable
waste, including hazardous waste, shall not be "acceptable waste"
and is explicitly excluded therefrom. Furthermore, any substances
which, as of the date of a certain waste-handling agreement between
the municipality and ecomaine, are included as "acceptable waste"
but which are later determined to be harmful, toxic, dangerous or
hazardous by any governmental agency or unit having appropriate jurisdiction
shall not be "acceptable waste" under the terms of this chapter. However,
any substances which, as of the date of said waste-handling agreement,
are not included within the definition of "acceptable waste" because
they are considered harmful, toxic, dangerous or hazardous and which
are later determined not to be harmful, toxic, dangerous or hazardous
by any governmental agency or unit having appropriate jurisdiction
shall be considered "acceptable waste" unless a contrary determination
has been or is made by any other governmental agency or unit having
appropriate jurisdiction or unless such substances are otherwise considered
unacceptable waster or hazardous waste.
Waste that may contain human pathogens of sufficient virulence
and in sufficient concentrations that exposure to it by a susceptible
human host could result in disease.
Any person, firm, partnership, association, municipality,
corporation or other legal entity which has been licensed by the Town
to collect, transport and dispose of acceptable commercial or industrial
solid waste for a fee as herein prescribed.
That portion of commercial solid waste which consists of
recyclable materials.
A person, firm, corporation or other entity that collects
and hauls the solid waste of another person, firm, corporation or
other entity for a fee.
Acceptable waste generated by a commercial or industrial
use or activity located within the Town, and acceptable waste generated
by occupants of structures within the Town which contain more than
two dwelling units and which are occupied by more than two household
units. Except as provided above, commercial solid waste shall not
include household or special wastes.
Construction/demolition debris, inert fill, land clearing
debris and wood waste, all as defined in Chapter 400 of the Maine
Department of Environmental Protection regulations,[1] but excluding acceptable waste and hazardous waste.
The Town Council.
The discharge, deposit, dumping, incineration, spilling,
leaking or placing of any hazardous or solid waste, sludge or septage
into or on any land, air or water so that the hazardous or solid waste,
sludge or septage or any constituent thereof may enter the environment
or be emitted into the air or discharged into any waters, including
groundwaters.
Living quarters designed for a single household unit and
containing sleeping, eating and bathroom facilities.
Ecomaine, formerly "Regional Waste Systems, Inc.," a noncapital
stock, nonprofit corporation created pursuant to Title 30-A, Chapter
115, and Title 13, Chapter 81, of the Maine Revised Statutes, or any
successor thereto or assignee thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any land or structure or combination of land area and structures,
including dumps and transfer stations, owned or operated by or under
a contract with ecomaine and/or any other site designated by ecomaine
or its assignee used for storing, salvaging, incinerating, reclaiming
or disposing of construction and demolition debris pursuant to the
waste-handling agreement and amendments thereto entered into between
the Town and ecomaine.
The facility described in the waste-handling agreement between
the Town of Windham and ecomaine, formerly "Regional Waste Systems,
Inc.," dated June 11, 1985, and subsequent amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every accumulation of waste (animal, vegetable and/or other
matter) that results from the preparation, processing, consumption,
dealing in, handling, packing, canning, storage, transportation, decay
or decomposition of meats, fish, fowl, birds, fruits, grains or other
animal or vegetable matter, including, but not by way of limitation,
used tin cans and other food containers and all putrescible or easily
decomposable waste, animal or vegetable matter that is likely to attract
flies or rodents; provided, however, that all garbage within this
definition must be composed of acceptable waste.
To store, transfer, collect, separate, bale, salvage, process,
reduce, recover, incinerate, treat or dispose of.
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 public health or
safety. "Hazardous waste" shall also mean waste which is defined as
harmful, toxic, dangerous or hazardous at any time during the term
of the waste-handling agreement between the Town of Windham and ecomaine
pursuant to:
The Solid Waste Disposal Act, 42 U.S.C. § 6901 et
seq., as amended;
The Maine Hazardous Waste, Septage and Solid Waste 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.
All discarded articles or materials except sewage, liquid
waste, garbage, and combustible refuse.
That material which does not chemically or biologically decompose;
i.e., sand, gravel, bricks, rocks, etc.
Includes those wastes so defined by the Solid Waste Management
Regulations promulgated by the Department of Environmental Protection
pursuant to 38 M.R.S.A. § 1304.
The Town of Windham, Cumberland County, State of Maine.
Any individual, firm, corporation, partnership, sole proprietorship,
association, municipality, quasi-municipal corporation, state agency,
or any other legal entity.
Any land or structure or combination of land area and structures,
including dumps and transfer stations, used for storing, salvaging,
reducing, incinerating, reclaiming or disposing of solid wastes. This
term shall include the ecomaine and Town disposal facilities and ecomaine
construction and demolition debris facilities.
The 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.
All waste wood, wood products, tree trimmings, grass cuttings,
dead plants, weeds, leaves, dead trees or branches thereof, chips,
shavings, sawdust, printed matter, paper, pasteboard, rags, straw,
used and discarded shoes and boots, combustible waste pulp and other
products such as are used for packaging or wrapping crockery and glass,
floor sweepings, glass, mineral or metallic substances; provided,
however, that all rubbish within this definition must be composed
of acceptable waste.
Useless, unwanted or discarded solid material with insufficient
liquid content to be free-flowing, including, by way of example and
not by limitation, rubbish, garbage, scrap materials, junk, refuse,
inert fill material and landscape refuse, but shall not include septage
tank sludge nor agricultural or hazardous wastes; it shall include
acceptable waste, unacceptable waste and construction and demolition
debris as defined herein.
Any solid waste generated by sources other than household
and typical commercial establishments that exists in such an unusual
quantity or in such a chemical or physical state, or any combination
thereof, that may disrupt or impair effective waste management or
threaten public health, human safety or the environment and requires
special handling, transportation and disposal procedures. Special
waste includes, but is not limited to:
Ashes: that residue from the burning of wood, coal, coke or
other combustible material;
Industrial and industrial process waste;
Sludge and dewatered septage;
Debris from nonhazardous chemical spills and cleanup of those
spills;
Contaminated soils and dredge materials;
Asbestos and asbestos-containing waste;
Sandblast grit and nonliquid paint waste;
High and low pH waste;
Spent filter media residue; and
Shredder residue.
The payments required to be made by the Town or commercial
or industrial solid waste haulers, persons hauling their own commercial
or industrial solid waste and residential refuse haulers under this
chapter for the handling of acceptable waste received at the facility.
The Town of Windham, Cumberland County, State of Maine.
Any land or structure or combinations of land area and structures
owned or operated by or under a contract with the Town, including
a transfer station or similar facility, used in connection with the
disposal of acceptable waste, whether such facilities are constructed
before or after the completion of the ecomaine disposal facilities.
That portion of solid waste which is not acceptable waste
and includes, but is not limited to, sewage and its derivatives, construction
and demolition debris, special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, as amended,[2] and hazardous waste.
Solid waste, biomedical waste, hazardous waste, agricultural
waste and septic tank sludge, and includes both acceptable and unacceptable
wastes.
A certain waste-handling agreement dated May 5, 1985, between
the municipality and ecomaine, formerly "Regional Waste Systems, Inc."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All large appliances, including but not limited to stoves,
refrigerators, freezers, washing machines, clothes dryers, dishwashers
and air conditioners.
In accordance with the provisions of 38 M.R.S.A. § 1304-B,
as amended from time to time, the Town hereby designates the ecomaine
disposal facility on 64 Blueberry Road in Portland, Maine, and the
Town disposal facilities as its public solid waste disposal facilities
for the purposes cited in this chapter and designates the ecomaine
construction and demolition debris disposal facility as its public
solid waste disposal facility for construction and demolition debris.
The dumping or depositing by any person at any place other than at
the Town disposal facilities or the ecomaine disposal facility of
any acceptable waste generated within the municipality is prohibited,
and subsequent to receipt by the Town of notice from ecomaine of commencement
of operations of the ecomaine disposal facility of any construction
and demolition debris generated within the municipality is prohibited;
provided, however, that the owner of any lot or any other person with
the permission of the lot owner may deposit or dump inert substances
such as earth, rocks, concrete or similar material for fill purposes
only, subject to state or local land use regulations.
A.
The Council shall establish the rules and regulations governing the
availability and use of the designated public solid waste disposal
facilities.
B.
The operation of the designated public solid waste disposal facilities
shall conform to all pertinent regulations or directives of all local,
county, state or federal agencies which may have jurisdiction.
A.
No person, firm or corporation shall dispose of solid waste of any
kind except in accordance with the terms of this chapter.
B.
No person, firm or corporation shall dispose of, upon any land within
the corporate limits of the Town, solid waste of any kind, excepting
inert fill, unless such land has been designated by the Town Council
as a public solid waste disposal facility.
C.
Certain materials may be excluded by regulation from that solid waste
which may be deposited at a public solid waste disposal facility.
These excluded materials may include junk automobile bodies and similar
bulky waste which may require special processing prior to disposal;
burning materials or materials containing hot or live coals; hazardous
wastes; and other materials which the municipality deems necessary
to exclude. Hazardous wastes shall be handled in accordance with 38
M.R.S.A. § 1319-O, as amended from time to time.
D.
Except for licensed disposal of hazardous or infectious wastes, it
shall be unlawful for any person, firm or corporation to burn or incinerate
any solid waste within the municipality other than leaves.
A.
The availability and use of the designated public solid waste disposal
facilities shall be limited to residents of the municipality and to
those residents of any other municipality which may, by mutual agreement,
be authorized to use the designated public solid waste disposal facilities.
B.
As a means of user control, the municipality shall distribute vehicle
permits to authorized users which shall be affixed to user vehicle(s).
Failure to exhibit such permit shall result in denial of use of the
facility.
The municipality may require solid waste to be separated into
such categories as may be established by municipal regulation and
disposed of only in such manner and at such sites and locations as
designated.
A.
The Town shall collect acceptable waste and recyclable materials
from dwellings in the Town as provided in this chapter. The Town shall
not collect commercial or industrial solid waste and recyclable materials.
B.
The Town may enter into a contract or contracts with one or more
commercial haulers, which shall be known as "authorized commercial
haulers," for the collection and transport of acceptable waste and
recyclable materials from dwellings in the Town as provided for in
this section. Any such contract shall require the authorized commercial
hauler to transport recyclable materials directly to the party or
parties as designated by the Town Council.
C.
Occupants of dwellings within the Town shall place acceptable waste
and recyclable materials in suitable containers at curbside no later
than 7:00 a.m. of the day of the scheduled Town collection. Town designated
trash bags shall be used for the disposal of all acceptable waste
herein defined. Suitable containers placed at curbside after such
time shall be considered as being intended for collection and as such
shall be collected by none other than an authorized commercial hauler.
All suitable containers shall be covered or securely tied so as to
prevent spillage, windblown littering, or the ingress or egress of
flies, rats, or vermin.
D.
For purposes of this chapter, "curbside" refers to that portion of
a right-of-way adjacent to paved or travelled Town ways and private
roads accepted by the hauler, provided that the owner or owners of
each residence abutting such private road have given the private hauler
permission to enter upon the road for the purpose of the collection
of acceptable waste and recyclable material and have agreed to release
the Town from liability and to defend, indemnify and hold harmless
the Town against any and all claims, damages, actions, causes of action,
judgments and costs, including attorney fees, for any personal injury
(including death) or property damage arising out of or resulting from
said collection to the extent such personal injury or property damage
is caused by the failure of the private road to be kept in repair
so as to be safe and convenient for travelers with motor vehicles.
Said private hauler has sole discretion not to enter a private road.
E.
Care shall be taken in the loading or unloading of acceptable waste
and recyclable material so that none is scattered or spilled during
its collection, transport and disposal; any acceptable waste or recyclable
material so spilled shall be immediately cleaned up and removed by
the Town or, if it has contracted with a commercial hauler, by the
authorized commercial hauler.
Any solid waste deposited within the designated public solid
waste disposal facilities shall become the property of the municipality
or ecomaine, pursuant to the terms of said waste-handling agreements.
No one shall salvage, remove or carry off any such deposited solid
waste without prior approval of the municipality.
A.
This hazardous materials incident billing policy shall be in effect
regarding the billing for costs incurred by the Town of Windham during
hazardous materials incidents within Windham. Costs incurred by the
Cumberland County Haz-Mat Team shall be billed separately by them.
B.
The purpose of this policy is to regulate the billing for costs incurred
by the Town during hazardous materials incidents which occur within
the Town. Since hazardous materials pose potentially large risks for
both the citizens of Windham and the environment, it is imperative
that the Town adopt a policy to ensure the availability of resources
to clean up hazardous materials incidents and, where appropriate,
to ensure that the generator or transporter of the hazardous materials
in question be made responsible for the cleanup costs of the same
so that those costs need not be borne by the taxpayers of Windham
generally.
C.
Responsible party.
(1)
The responsible party for the purposes of this policy shall be the
person or entity who caused the discharge of hazardous materials or
the entity employing as an employee or agent the person who caused
discharge of the hazardous materials within the scope of their employment.
(2)
The responsible party of any property, building, facility, or mobile
property of any sort who has a hazardous materials incident occur
will be billed for the total cost of the operation as determined by
the Fire-Rescue Chief and as allowed by Maine law, 38 M.R.S.A. § 1318-A,
as the same may be amended from time to time. The Fire-Rescue Chief
may abate all or a portion of the hazardous materials incident cleanup
costs if in his or her judgment it would be unfair and inconsistent
with the purposes of this policy to impose such costs on the person
otherwise responsible; provided, however, no such abatement may be
granted if the responsible party was negligent in following or in
violation of any applicable federal or state environmental or hazardous
materials laws and such negligence or noncompliance caused or contributed
to the incident.
D.
Anyone who is billed for a hazardous materials incident shall have
the right to appeal any or all of that bill to the Town Council, which
shall make the final determination of responsibility for a hazardous
materials incident and costs due the Town. On appeal, the Town Council
shall also have the authority to abate any or all of such costs if
it would be unfair or inconsistent with the purposes of this policy
to impose the costs on the person otherwise responsible; provided,
further, no such abatement may be granted if the owner or transporter
was negligent in following or in violation of any applicable federal
or state environmental or hazardous materials laws and such negligence
or noncompliance caused or contributed to the incident.
E.
The following items (but not limited to) shall be billed as part
of the operation cost:
(1)
Hourly rate for apparatus. Apparatus shall be billed at the same
rate established by the Cumberland County Haz-Mat Team, as promulgated
and subsequently amended from time to time.
(2)
Total replacement or repair cost of equipment lost or damaged.
(3)
Total cost of evacuation, including housing and meals for evacuees
as paid for by the Town.
(4)
Total cost of manpower for all Town agencies involved in the operation.
(5)
Total cost of outside agencies, mutual aid companies, and individuals
called to assist with the incident.
(6)
Any other cost incurred.
F.
The total bill shall be forwarded to the responsible party for the
incident. The owner will then have 30 days to notify the Town Manager,
in writing, of any wish to appeal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Every commercial or industrial use or activity located within the
Town shall haul, collect, remove, transport and dispose of commercial
solid waste generated within the Town by itself or by agreement with
a licensed hauler; provided, however, that all such hauling, collection,
removal, transportation and disposal must be consistent with this
chapter. Residential units may haul, collect, remove, transport and
dispose of residential refuse generated within the Town by agreement
with a licensed hauler or by hauling, collecting, removing, transporting
and disposing of their own residential refuse generated within the
Town at a solid waste disposal facility designated by the Town Council;
provided, however, that all such hauling, collection, removal, transportation
and disposal must be consistent with this chapter.
B.
Any agreement for the hauling, collection, removal, transportation
and disposal of commercial solid waste or residential refuse generated
within the Town shall be by private contract between the person and
the hauler licensed by the Town for the purpose of hauling, collection,
removal, transportation and disposal of such commercial solid waste
or residential refuse.
C.
Care shall be taken in the loading and unloading of commercial solid
waste and residential refuse so that none is scattered or spilled
during its hauling, collection, removal, transportation and disposal;
the hauler or the person hauling his own commercial solid waste or
the person hauling his own residential refuse shall immediately clean
up and remove all commercial solid waste or residential refuse that
may be scattered or spilled.
A.
It shall be unlawful for any person, except a person with his own
commercial solid waste, to haul, collect, remove, transport and dispose
of commercial solid waste or residential refuse generated within the
Town over the streets of the Town for a fee without first securing
a hauler's license. The Town, upon application and after investigation,
may issue said licenses for a period of one year, beginning on July
1.
B.
All licenses shall expire on June 30 of each year, unless revoked
or suspended pursuant to this chapter. All renewal licenses shall
be applied for by May 1 and, if granted, will be effective on July
1. Any person applying for a license shall provide a certificate of
insurance showing evidence of vehicle liability and comprehensive
general liability coverages with limits of no less than $300,000.
C.
Any person wishing to obtain a hauler license shall present a written
application therefor on a form provided by the Town, accompanied by
payment of a fee set by the Town Council for each license requested
and a copy of a valid contract with the Town of Windham for disposal
of all acceptable waste collected in the Town of Windham, such contract
to remain in effect throughout the license year. A hauler license
shall be issued by the Town Manager (the "issuing authority"). All
fees collected shall be for the use of the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
An application for a hauler license shall contain the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Applicant's name;
(2)
Applicant's residence;
(3)
Address of the applicant's place(s) of business;
(4)
If the applicant is a corporation, the names and addresses of each
of its directors and officers;
(5)
A description of the vehicles and equipment to be used, including
the make, model, year of manufacture and license plate number of said
vehicles and equipment;
(6)
Whether applicant will be collecting, recycling or hauling solid
waste generated by residences, by commercial activities or uses and/or
by industrial activities or uses; if the applicant intends to collect,
recycle or haul solid waste generated by commercial and/or industrial
activities or uses, the applicant shall describe the location of any
dumpster(s) or other container(s) used by the commercial or industrial
activity or used to store solid waste; and
(7)
A copy of the hauler's current license with the Maine Department
of Environmental Protection, if required.
E.
A copy of each hauler license issued may be sent by the Town to ecomaine.
Upon issuing a license hereunder, the Town also may issue to the hauler
for each vehicle to be used by it a numbered sticker, provided by
ecomaine, and shall inform ecomaine of the number on the sticker assigned
to the hauler. If the Town provides said stickers, each hauler shall
affix this numbered sticker to the lower left-hand corner of the front
windshield of each vehicle owned or operated by it. Ecomaine may refuse
to accept solid waste from vehicles lacking this numbered sticker.
F.
All licensed haulers shall comply with such rules and regulations
as the Town Council may adopt by order from time to time; failure
to comply with such rules and regulations shall be a violation of
this chapter. Each licensed hauler shall send ecomaine a copy of each
Category A manifest that it provides to the Department of Environmental
Protection pursuant to Chapter 411, Section 6, of the Department's
rules, as amended from time to time.[1]
[1]
Editor's Note: See 06-096 CMR Ch. 411, § 6.
A.
In addition to any other payments for solid waste disposal that may
be required, each hauler shall be responsible for payment of tipping
fees at ecomaine for the commercial or industrial solid waste and
residential refuse hauled, collected, removed, transported or disposed
of by it. However, haulers shall enter into an agreement with the
Town so as to allow the hauler to pay a portion of the ecomaine tipping
fee for disposal of residential refuse at the facility based on a
formula to be determined by the Town Manager, and approved by the
Town Council, for each license year. Any such agreement shall require
the hauler to maintain a valid current license under this chapter,
to indemnify the Town for personal injury and property damage, and
to provide proof of adequate workers' compensation and public liability
and property damage insurance, and shall require that the hauler only
dispose of residential refuse generated within the Town at the agreed-upon
tipping fee.
B.
All licensed haulers must pay all appropriate tipping fees for deliveries
to ecomaine, said payments to be made within 14 days and to be based
on invoices from the Town. If payments are not made within said 14
days, the Town may charge interest to the unpaid portion of the invoiced
amount at the same interest rate allowed in the then-current year
for municipal real estate taxes.
C.
If an invoice or any portion thereof remains unpaid after 90 days,
a violation of the license shall exist and the licensed refuse transporter
will be subject to penalties under this chapter, including the possibility
of license suspension and revocation.
A.
Licenses and renewals of licenses issued under this chapter may be
denied, revoked or suspended by the issuing authority as follows:
(1)
The first violation by a licensed hauler of any provision or provisions
of this chapter may result, in addition to any penalty or relief that
the Town may seek, in a suspension of up to 30 days of that hauler
license or, if on the date of the first violation said license shall
expire in less than 30 days, said license may be revoked.
(2)
The second violation, at any time, by a licensed hauler of any provision
or provisions of this chapter may result, in addition to any penalty
or relief the Town may seek, in a suspension of up to six months of
the commercial or residential transporter license or, if on the date
of the second violation said license will expire in less than six
months, the license may be revoked.
(3)
The third violation, at any time, by a licensed hauler of any provision
or provisions of this chapter may result, in addition to any penalty
or relief the Town may seek, in revocation of that hauler's license
and in the denial of hauler licenses to that person for subsequent
license years unless and until the Town Council determines that the
hauler may be allowed to apply for and receive all licenses under
this chapter due to a change in the person's circumstances since the
time of the third violation; provided, however, that any further violation
shall result in the revocation of the hauler license and the barring
of that hauler from applying for a license under this chapter for
a period of five years.
B.
Licenses and renewals of haulers' licenses may be denied, suspended
or revoked by the Town Manager for violation of or failure to comply
with any of the provisions of this chapter or with the provisions
of any other applicable ordinance of the Town. Determination of the
severity of the violation and whether a denial, suspension or revocation
is warranted shall be made by the Town Manager after notice and hearing.
Appeals from the Town Manager's decision may be taken to the Town
Council by filing a written notice of the appeal with the Town Clerk
within 30 days of the Town Manager's decision. Upon notice and hearing,
the Town Council may affirm, reverse or modify the Town Manger's decision.
C.
If any license application is denied or license revoked, the applicant/licensee may not reapply for a period to be determined by the Town Manager based on the provisions of § 192-15A(1), (2) and (3).
D.
The Town shall inform ecomaine immediately, in writing, whenever
it denies, suspends or revokes a hauler license hereunder.
A.
Whoever
violates any of the provisions of this chapter shall be subject to
a civil violation and may be punished by a fine of not more than $1,000
for the first violation and not more than $2,000 for the second and
subsequent violations, plus costs, including attorneys' fees and costs,
which fine shall be recovered on complaint to the use of the Town.
Each day upon which any continuing violation of any provisions of
this chapter shall occur shall constitute a separate violation, and
each incident of disposal of solid waste in violation of this chapter
shall constitute a separate violation. In addition, the Town may seek
equitable relief, including but not limited to injunctive relief and
indemnification of the Town's liquidated damages to ecomaine, and
attorneys' fees and costs, to ensure compliance with the terms of
this chapter.
B.
Payment of fines must be made within 14 days of notice. The Town may charge interest to the unpaid portion of any fine at the same interest rate allowed in the then-current year for municipal real estate taxes. Further, outstanding fines will be considered as grounds for denying a license renewal in accordance with § 192-15B.
A.
It shall be the duty of the Town Manager to enforce the provisions
of this chapter.
B.
All ordinances or parts of ordinances in conflict with this chapter
are hereby repealed.
C.
If any section, subsection, sentence or part of this chapter is for
any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this chapter.
