The purposes of this Article are to:
A. Provide for the protection of groundwater and surface
quality through the control of hazardous waste and/or special waste
storage or disposal.
B. Protect the health, safety and welfare of the citizens
of Standish, Maine.
As used in this Article, the following terms
shall have the meanings indicated:
AQUIFER
Geologic deposits or structures from which usable quantities
of groundwater are available for households, municipalities or industries.
BOARD
The Standish Planning Board.
[Amended 6-5-2012 by Order
No. 31-12]
DISPOSAL
The discharge, injection, dumping, spilling or leaking of
hazardous and/or special waste into or on any land, water or drainage
system.
GROUNDWATER
The water present in the saturated zone of the ground.
HAZARDOUS AND/OR SPECIAL WASTE STORAGE OR DISPOSAL PERMIT
A certificate issued by the Standish Board authorizing the
storage or disposal of hazardous and/or special waste for a specific
use by site, by specific person or firm, specifying such other requirements
which the Board finds to be necessary for the protection of the health,
safety and welfare of the citizens and the environment of Standish.
HAZARDOUS WASTE
A substance which is ignitable, corrosive, reactive and/or
toxic. It will include: all wastes determined to be hazardous by the
State Board of Environmental Protection and special waste pursuant
to 38 M.R.S.A. § 1303-C; and all wastes determined to be
hazardous by the Resource Conservation and Recovery Act, Section 3001,
and regulations promulgated pursuant to said section, including 40
CFR 261.
[Amended 8-13-1991 by Order No. 65-91]
HOUSEHOLD WASTE
Any waste material, including garbage, trash and sanitary
wastes from septic tanks or sewerage derived from households, including
single and multiple residences, hotels, motels and schools.
INDUSTRIAL ASH
Solid, soft residue created from industrial combustion.
PERSON
Any individual, group of individuals, firm, corporation,
association, partnership or private or public entity, including a
district, county, city, town or other governmental unit or agent thereof
and general supervision of the properties of such corporation.
SPECIAL WASTE
Any waste as defined in 38 M.R.S.A. § 1303-C and
any nonhazardous waste generated by sources other than domestic and
typical commercial establishments that exists in such an unusual quantity
or in such a chemical or physical state, or any combination thereof,
which may disrupt or impair effective waste management or threaten
the health, safety or welfare of Standish citizens or their environment
and which requires special handling transportation and disposal procedures.
[Amended 8-13-1991 by Order No. 65-91]
STORAGE
The placement of hazardous and/or special waste in drums,
tanks or other structures or stockpiling for the purpose of retention
of the material for a period of 90 days or longer for subsequent disposal.
SURFACE WATER
A body of water whose top surface is exposed to the atmosphere,
including but not limited to rivers, ponds, lakes, streams, marshes
and wetlands.
Whenever the requirements of this Article are
inconsistent with the requirements of any other ordinances, code or
statute, the more restrictive requirement shall apply.
The applicant, an abutting landowner or an aggrieved
party may appeal the decision to the Superior Court within 30 days
from the Board's final decision, in accordance with Rule 80B of the
Maine Rules of Civil Procedure.
This Article may be amended by a majority vote
of the Town Council. Amendments may be initiated by a majority vote
of the Board or petition of 10% of the votes cast in the last gubernatorial
election in the Town. The Council shall conduct a public hearing on
any proposed amendment.