[HISTORY: Adopted by the Town of Standish 11-8-1988 by referendum.
Amendments noted where applicable.]
The purposes of this Article are to:
As used in this Article, the following terms
shall have the meanings indicated:
Geologic deposits or structures from which usable quantities
of groundwater are available for households, municipalities or industries.
The Standish Planning Board.
[Amended 6-5-2012 by Order
No. 31-12]
The discharge, injection, dumping, spilling or leaking of
hazardous and/or special waste into or on any land, water or drainage
system.
The water present in the saturated zone of the ground.
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.
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]
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.
Solid, soft residue created from industrial combustion.
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.
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.[1]
[Amended 8-13-1991 by Order No. 65-91]
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.
A body of water whose top surface is exposed to the atmosphere,
including but not limited to rivers, ponds, lakes, streams, marshes
and wetlands.
[1]
Editor's Note: The former definition of "Standish
Special Review Board," which immediately followed this definition,
was repealed 6-5-2012 by Order No. 31-12.
A.
Authority.
(1)
This Article is adopted pursuant to home rule powers
as provided for in Article VIII, Part Second, of the Maine Constitution
and Title 30-A, M.R.S.A. § 1917, 38 M.R.S.A. § 1319P,
38 M.R.S.A. §§ 1301, 1304 and 1310U and United States'
Clean Water Act.
(2)
This Article shall be known as the "Hazardous and/or
Special Waste Ordinance of the Town of Standish, Maine," adopted and
effective by majority vote of the people on November 8, 1988.
B.
Administration.
(1)
The Board of the Town of Standish shall administer
this Article.
(2)
No person shall construct, develop, establish, operate,
own or maintain an industrial or commercial site which will store
or dispose of hazardous and/or special waste without having first
obtained a permit from the Board. A permit or renewal permit shall
be issued for a period of one year from the date of issuance unless
suspended or revoked. Each permit or renewal permit shall be issued
only for the site designated in the plans accompanying the application
and shall not be transferable or assignable except with the written
approval of the Board.
Whenever the requirements of this Article are
inconsistent with the requirements of any other ordinances, code or
statute, the more restrictive requirement shall apply.
A.
This Article shall apply to all development proposals
for new construction of hazardous and/or special waste storage and/or
disposal facilities and shall also apply to any expansion of existing
facilities.
B.
Existing facilities, including commercial or industrial operations, which store or dispose of hazardous and/or special waste shall comply with renewal permit criteria in § 158-7C of this Article.
C.
Exemptions shall be as follows:
(1)
Agriculture: the storage and handling of products
used for agricultural purposes on working farms, except for industrial
ash.
(2)
Household waste and materials: products which are
used for normal domestic housekeeping.
(3)
Industrial or educational institution storage: industrial,
manufacturing or educational facilities storing less than 200 kilograms
per 90 days; and industrial, manufacturing or educational facilities
storing less than 1,000 kilograms per calendar month when such storage
is a fully enclosed structure.
(4)
Local retail businesses.
A.
The site plan of development application shall include,
as a minimum:
(1)
A map at a convenient scale (i.e., United States Geological
Survey seven-and-one-half-minute or a fifteen-minute topographic)
delineating the parcel, existing dwelling units, other structures,
one-hundred-year flood zones, private and public water supplies, land
currently used for agricultural purposes, aquifers and aquifer recharge
areas. Where aquifers are determined, test borings shall be done to
determine exact boundaries.
(2)
Maps and/or engineering drawings of a scale of not
less than one inch to 50 feet, which shall include:
(a)
The name and address of the applicant or his
authorized agent.
(b)
A perimeter survey of the parcel made and certified
by a registered land surveyor relating to reference points, showing
the true North point, graphing scale, corners of the parcel and date
of survey and total acreage. Areas within 200 feet of the proposed
development site shall be included.
(c)
Topography indicating contours at intervals
of two or five feet in elevation as specified by the Board.
(d)
Existing soil conditions described using the
Unified Soil Classification System by a registered geologist in the
State of Maine.
(e)
The location of aquifers and aquifer recharge
areas and surface watershed boundaries as described by a registered
geologist in the State of Maine.
(f)
The location, ground floor area and elevations
of buildings and other structures on parcels abutting the site.
(g)
The location and dimension of on-site pedestrian
and vehicular accessways, parking areas and loading and unloading
facilities, designed at egress and ingress of vehicles to and from
the site onto public streets.
(h)
Existing and proposed locations and dimensions
of any utility lines, sewer lines, waterlines, easements, drainageways
and public or private right-of-ways.
(i)
A landscape plan showing the location, type
and approximate size of plantings and the location and dimension of
all fencing and screening.
(j)
Profiles of underlying soil and bedrock conditions,
prepared by a registered geologist in the State of Maine.
(k)
Engineering drawings. including plans and profiles
of all storage. spreading and disposal facilities, signed by a professional
engineer licensed in the State of Maine; additionally, constructed
drawings which show the site upon closure.
(l)
The location and details of groundwater monitoring
wells.
(3)
A written statement by the applicant that shall consist
of:
(a)
Evidence by the applicant of his title and interest
in which the application covers.
(b)
Municipal tax maps and lot numbers and the names
of abutting landowners.
(c)
A summary of existing and proposed easements,
restrictions and covenants placed on the property.
(d)
An erosion and sedimentation control plan.
(e)
Copies of letters to the abutting landowners,
Town Manager, all members of the Board, Road Commissioner, Fire Chief
and Police Chief, sent by certified mail, notifying them of the proposed
application.
(f)
A statement of financial capacity. which should
include the names and sources of the financing parties and whether
these sources of financing are for construction loans or long-term
mortgages or both.
(g)
A list of all applicable local, state and federal
ordinances, laws, codes and regulations, such as but not limited to
zoning ordinances, the Resource Conservation and Recovery Act, the
Toxic Substance Control Act and the Clean Water Act.
(h)
A description of the site utilization and a
description of specific activities and all methods of operation, signed
by a professional engineer licensed in the State of Maine.
(i)
An emergency management plan covering fire,
spillages and other potential accidents involving hazardous and/or
special waste, which shall be prepared by a qualified professional
and approved by the Board.
(j)
A letter from the Fire Chief acknowledging his
acceptance of the emergency management plan, as well as a description
of response activities by all local, state and federal agencies.
(k)
An operations manual, including a description
of all operating procedures, as well as emergency response plans,
safety procedures and monitoring well sampling programs.
B.
Application procedures.
(1)
The application for a permit allowing hazardous and/or
special waste storage or disposal shall be filed with the Board for
review and accompanied by a fee as set forth from time to time by
resolution of the Town Council for processing the application. Within
30 days of filing the application, the Board shall notify the applicant,
in writing, either that the application is a complete application
or, if the application is incomplete, the specific additional material
needed to make a complete application. After the Board has determined
that a complete application has been filed, it shall notify the applicant
in writing and begin its review of the proposed development.
[Amended 8-13-1991 by Order No. 65-91]
(2)
The Board shall hold a public hearing within 60 days
of filing of the completed application. The Board shall publish in
a newspaper of area-wide circulation the time, date and place of the
hearing at least two times, the date of the first publication to be
at least 14 days prior to the hearing, and the second publication
to be at least seven days prior to the hearing. The abutting landowners
and those within 1,000 square feet shall be notified of the hearing.
Public hearings by the Board shall be conducted according to the procedures
outlined in Title 30-A M.R.S.A. § 2691(3), as amended.
[Amended 8-13-1991 by Order No. 65-91]
(3)
Within 60 days of the public hearing, the Board shall
either approve, approve with conditions or disapprove the application.
The time limit for review may be extended by mutual agreement between
the Board and the applicant.
(4)
Within seven days of reaching its decisions, the Board
shall notify the applicant, in writing, of any action taken and make
findings of fact.
[Amended 8-13-1991 by Order No. 65-91]
(5)
If the Board, in reviewing an application in order
to ascertain that the public safety, health and welfare are protected,
deems it necessary that outside consulting or testing be done, all
fees and expenses charged by the consultants will be paid by the applicant,
with the selection of consultants to be made by the Board.
[Added 12-10-1991 by Order No. 127-91]
A.
Requirements.
(1)
Monitoring wells shall be located to adequately sample
groundwater for contamination. The location, construction standards
and monitoring program will be determined by a registered geologist
and approved by the Board.
(2)
The applicant must have acquired insurance of $1,000,000
per occurrence and an annual aggregate of $2,000,000, exclusive of
legal defense costs, for claims arising out of injury to persons or
property from the operations of the hazardous and/or special waste
facility. The deduction written into the insurance policy must not
exceed 5% of the incident limit of liability of the policy. Such insurance
shall be in effect for a period of 40 years after the site is no longer
in operation.
(3)
The applicant must provide a surety bond to the Town
of Standish in an amount sufficient to cover the construction or expansion
costs of the hazardous and/or special waste facility as proposed to
the Board.
(4)
The applicant must have obtained a surety bond in
the amount of $100,000 guaranteeing the operation of the site in accordance
with these rules and regulations; or the applicant must post a sum
equal to or greater than $100,000 with the Town of Standish to correct
failures to comply with this Article.
(5)
The applicant shall provide such special equipment
and training to reasonably prepare the Town's Fire Department to respond
to emergencies at the site.
B.
Performance standards. The following standards are
to be used by the Board in judging applications and shall serve as
minimum requirements for approval of the plan. The plan shall be approved
unless, in the judgment of the Board, the applicant is not able to
reasonably meet one or more of these standards. In all instances,
the burden of proof shall be on the applicant, and such burden of
proof shall include the production of evidence necessary to complete
the application.
(1)
Buffering the site development. The lot shall be set
back and landscaped in order to screen the appearance of outstanding
features of the development (i.e., exposed storage areas and truck
loading and unloading areas), to provide an audio/visual buffer to
minimize their adverse impact on surrounding properties.
(2)
External lighting. All external lighting shall be
designed to minimize adverse impact on neighboring properties.
(3)
Vehicular access. The proposed site layout shall provide
for safe access and egress from public and private roads by providing
adequate location, numbers and control of access points, including
site distances, turning lanes and traffic signalization when required
by existing and projected traffic flow on the municipal road system.
(4)
Parking and circulation. The layout and design of
all walkways, interior drives and parking areas shall provide for
safe general interior circulation, the separation of pedestrian and
vehicular traffic, service traffic and loading areas and arrangements
of use of parking areas.
(5)
Emergency vehicle access. Provisions shall be made
for providing and maintaining convenient and safe emergency vehicle
access to the site and all facilities at all times.
(6)
Surface water drainage and soil erosion. Adequate
provisions shall be made for surface drainage so that the removal
of surface waters will not adversely affect neighboring properties,
downstream water quality or public storm drainage systems. On-site
absorption of runoff water shall be utilized to minimize discharges
from the site. Also, unreasonable soil erosion or reduction of flow
capacity of the land to hold water so that a dangerous or unhealthy
condition may result shall be prevented.
(7)
Water pollution. In making this determination, the
Board shall at least consider the elevation of land and its relation
to the floodplains, the nature of soils and subsoils and their ability
to adequately support the development; the applicability of any Department
of Environmental Protection approved licenses; the slope of the land;
the groundwater resources, including aquifer recharge areas; and the
applicable federal, state and local laws, ordinances, codes and regulations.
(8)
Air pollution. In making this determination, the Board
shall consult federal and state authorities to determine that their
applicable air quality laws and regulations can be met.
(9)
Safety/fire hazards. The development shall have sufficient
facilities and equipment available for the needs of the development
including firefighting and spill prevention control.
(10)
Sewerage disposal. The plan will provide for adequate
sewerage disposal.
(11)
Municipal services. The development will not have
an adverse impact on the municipal services, including municipal road
systems, Fire Department, police department, solid waste program,
sewerage treatment plant, open spaces, recreational programs and facilities
and other municipal services and facilities.
C.
Annual permit renewal standards. A yearly operations
permit application shall be submitted to the Board, accompanied by
a fee as set forth from time to time by resolution of the Town Council
for processing the application. The Board shall grant a yearly operations
permit contingent upon the findings that the following have been met:
[Amended 8-13-1991 by Order No. 65-91]
A.
The Board may modify or waive any of the above application
requirements when the Board determines that, because of special circumstances
of the site, such application requirements would not be applicable
or would be an unnecessary burden on the applicant and would not adversely
affect the abutting landowners and general health, safety and welfare
of the Town, with a public hearing properly posted in accordance with
previous requirements, and any requirements to be waived shall be
stated in the original hearing.
B.
A permit granted under this Article shall expire if
the work or change is not commenced within one year from the date
the permit was granted, although such permit may be renewed for additional
periods. Renewal of a permit shall be treated as a new application
and shall be subject to all provisions of this Article.
A.
The Town Manager or the Code Enforcement Officer,
upon a finding that any provision of this Article or the condition(s)
of a permit issued under this Article is being violated, is authorized
to institute legal proceedings to enforce this Article.
B.
A person who violates the provisions of this Article
or the condition(s) of a permit shall have committed a civil violation
and on adjudication shall be fined not less than $1,000 nor more than
$5,000. Each day during which a violation occurs shall constitute
a separate offense and shall also be liable for court costs and attorney
fees incurred by the municipality. Any fine shall inure to the Town
of Standish.
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.
