[HISTORY: Adopted by the Town Council of the Town of Winslow 7-12-2021 by Ord. No. 7-2021. Amendments noted where applicable.]
A.
The purpose
of this Solid Waste ordinance is to provide the Town of Winslow with
the legal authority to control the handling of solid waste generated
within its borders and to promote the public health, safety and general
welfare. This may include the requirement that all commercial and
noncommercial haulers of solid waste generated within the borders
of the city be licensed.
B.
This chapter
is enacted in accordance with the authority granted to the City within
state law under Title 30-A M.R.S.A. § 3001 and Title 38
M.R.S.A. § 1304.
No person, corporation or legal entity shall dispose of solid
waste in any manner which is contrary to the provisions of this chapter.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Residential solid waste placed for curbside collection except
as shown below:
Any appliance employing electricity, natural gas or any liquefied
petroleum gas to supply heat or motive power to preserve or cook food,
to wash clothing, dishes, kitchen utensils, glasses or other related
items or to cool or heat air or water, more commonly called "white
goods";
Bulky waste, such as household furnishings, mattresses or other
large objects;
Any electronic device containing printed circuit boards, capacitors,
resistors or transistors that is not included in the definition of
white goods;
Demolition or construction debris;
Abandoned motorized vehicles. Any self-propelled vehicle including
motorcycles, construction and farm vehicles and other off-the-road
vehicles;
Liquid wastes sludge, or septic tank wastes;
Hazardous or other special wastes as those terms may be defined
by federal and state law;
Dead animals or portions thereof; other pathological or biological
wastes;
Water treatment residues;
Tree stumps, meaning the base section of a tree exceeding eight
inches in diameter and containing roots and soil;
Tannery sludge;
Waste oil;
Propane tanks and cylinders;
Motor vehicle batteries of all types;
Sand and gravel;
Tires;
Full cans of paint (open paint cans with dry paint, latex only;
residue is acceptable);
Brush and tree limbs;
Hot ashes;
Pesticides, cleaning solvents, pool chemicals, wet paint and
other toxic, poisonous or hazardous materials;
Potentially reactive chemicals such as muriatic acid; and
Other items that present a danger to public works employees,
contracted solid waste haulers or to residents of the community, as
determined by the public works director.
All of the above-described items are to be considered as unacceptable
solid waste.
A department of the Town of Winslow.
Any part of a structure which, through purchase or by lease,
is intended for human habitation.
The Department of Public Works of the Town or a contracted
agent.
Winslow Town Council.
The Town of Winslow.
Any receptacle located on public property and maintained
by the Town.
To recover, separate, collect and reprocess waste materials
for sale or reuse other than as fuel for the solid waste disposal
facility.
Shall have the same definition as set forth in Title 38 M.R.S.A.
§ 1303(C)(29), as the same may be amended from time to time.[1]
A facility for the disposal of solid waste.
A waste facility that will provide for the transfer of acceptable
solid waste generated by the municipality and authorized municipalities
to a solid waste disposal facility as well as provide for the handling
of solid waste for the purpose of recycling.
The preparation of materials that have been determined to
be recyclable by separation from solid waste at the point of delivery
to the solid waste facility or by separation previously at the point
of generation and so delivered to the solid waste facility.
[1]
Editor's Note: Said statute was repealed by Laws 1989, c.
585, Pt. E, § 3.
A.
The Department of Public Works shall have the responsibility for
the administration of the collection of acceptable solid waste. All
or a portion of all the responsibilities set forth above may be assigned
to entities other than the Department of Public Works, by contractual
arrangements approved by the municipal officers.
B.
The Department of Public Works shall have the responsibility and
authority to provide rules and regulations for the collection of acceptable
solid waste at dwelling units within the boundaries of the municipality.
Such rules and regulations must be reviewed and approved by the municipal
officers. If any of the aforementioned responsibilities are contracted
for, the contractor must adhere to the following rules for operation
and collection:
(1)
Only acceptable solid waste (as defined in § 215-3) shall be collected. Weight must not exceed reasonable tolerance levels of the container(s) (whether a plastic bag or rigid container) set at the curb and shall not under any circumstance exceed 50 pounds.
(2)
No waste shall be collected from any nonresidential parcel, which
would include parcels containing offices, hotels, stores, manufacturing
plants, restaurants, produce houses, food processing plants, or any
other business activity. Waste will be collected on parcels with mixed
uses for the residential portion of the property only. "Mixed use"
is defined as parcels containing both business and residential. The
business use must make other arrangements for its trash collection.
(3)
All waste to be collected shall be placed at the curb or on the right-of-way
between the sidewalk and the gutter no earlier than 5:00 p.m. the
day before and no later than 7:00 a.m. on the scheduled collection
day. Empty containers shall be removed from sidewalk or curb on the
same day waste is removed.
(4)
No return calls shall be made if waste is not set out for collection
on time.
(5)
No employee of the Department of Public Works, or a contractor for
said department, is permitted to go into any private yard or building
to collect the waste, nor will they return the empty container to
any place other than the curb or sidewalk.
(6)
It shall be the responsibility of residents to prevent waste from
being strewn or blown about the street prior to being collected.
(7)
For the proper disposal of medical items called, "sharps," such as
hypodermic needles, syringes, etc., residents are required to use
either a "sharps container," purchased at a medical supply store,
or use an empty rigid plastic bottle, such as liquid laundry soap
or an antifreeze container. The discarded sharps shall be placed directly
into leak-resistant containers, without clipping or breaking. These
containers shall be taped closed or tightly lidded to preclude loss
or leakage of contents.
(8)
Unacceptable solid waste, as defined in § 215-3 of this chapter, shall not be placed or deposited by the occupant of a dwelling unit anywhere on property on which a dwelling unit is situated for a period of time in excess of the period of time necessary to arrange for disposal by an authorized private contractor. Failure to remove said unacceptable solid waste within one week of a written request by the Code Enforcement Officer shall be considered a violation of this article, and such failure to act shall constitute a nuisance. The occupant of a dwelling unit who shall cause, permit or suffer solid waste, acceptable and unacceptable, to be dispersed onto the property of others shall be considered a violation of this article, and such act shall constitute a nuisance.
(9)
Any individual, corporation or other legal entity that deposits,
places or disperses solid waste, acceptable or unacceptable, on private
property not owned or occupied by the individual, corporation or other
legal entity or on public property or Town ways shall constitute a
violation of this chapter.
The Town shall, in accordance with the provisions of Title 38 M.R.S.A.
§ 1304-B and Title 38 M.R.S.A. § 2101 et seq.,
as said statutes may be amended from time, to time, provide and designate
a specific solid waste facility that will receive and process acceptable
solid waste. Such a facility will facilitate the transference of acceptable
solid waste for the purpose of being conveyed to a designated solid
waste disposal facility. The designation of a solid waste facility
may also include a facility that is used for the purpose of gathering
and the separation of recyclable solid waste; additionally, the municipality
may also provide or designate facilities to handle certain kinds of
unacceptable solid waste, such as but not so limited to demolition
debris, yard debris, tree limbs and bushes, white goods, brown goods
and tires; and in providing for such certain unacceptable solid waste,
the municipal officers may designate disposal facilities that are
beyond the borders of the solid waste facility and of the municipality.
All vehicles that are used to transport solid waste, both acceptable and unacceptable, whether they are vehicles of the municipality or commercial haulers shall adhere to the provisions of § 275-13 of the Code of the Town of Winslow.
It shall be the responsibility of the commercial hauler to ensure
that the municipality is given proper credit at the solid waste facility
or the solid waste disposal facility for all acceptable solid waste
collected from within the borders of the municipality and delivered
to the designated solid waste facility by said commercial hauler.
A commercial hauler shall be held fully responsible for the
presence of unacceptable solid waste in any load delivered by the
commercial hauler to the designated solid waste facility. In the event
that the commercial hauler disposes of any unacceptable solid waste
at the designated solid waste facility, such unacceptable solid waste
shall be immediately removed from the designated facility by the commercial
hauler at the hauler's expense.
