[HISTORY: Adopted by the Town Council of the Town of Standish as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2002 by Order No. 16-02]
Editor's Note: This order also repealed former Art. I, Disposal Control, adopted 4-9-1991 by Order No. 9-91.
This article shall be known as, and may be cited as, the "Solid Waste Recycling and Management Ordinance for the Town of Standish, Maine," and shall be referred to herein as "this article."
The purpose of this article 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 recycling and disposal of solid waste in the Town in accordance with the provisions of 38 M.R.S.A.§§ 1304-B and 1305, as amended from time to time.
For the purpose of this article the following definitions shall be observed:
- A. Ordinary residential, municipal, institutional, commercial and industrial solid waste, including, but not limited to, the following:
- (1) Garbage, trash, rubbish, paper and cardboard, plastics, refuse, beds, mattresses, sofas, refrigerators, washing machines, bicycles, baby carriages, tires, ashes; and
- (2) Recyclable portions of commercial and industrial solid waste; and
- (3) Wood and lumber, tree limbs, branches, ties, logs and trees no more than 4 1/2 feet long and eight inches in diameter, leaves, twigs, grass and plant cuttings; and
- (4) Construction and demolition debris.
- B. Notwithstanding any provisions to the contrary, unacceptable waste including hazardous waste shall not be acceptable waste and is explicitly excluded therefrom.
- That residue from the burning of wood, coal, coke or other combustible material.
- COMMERCIAL SOLID WASTE
- Solid waste generated by a commercial, institutional or industrial entity located within the Town.
- The Recycling and Waste Management Committee comprised of members appointed by the Town Council who act in an advisory capacity to research, educate and promote recycling, reduction and solid waste management.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Construction and demolition debris, inert fill, land-clearing debris and woodwaste, all as defined in Chapter 400 of the Maine Department of Environmental Protection Regulations, as may be amended from time to time, but excluding acceptable waste and hazardous waste which the Council may by order or regulation exclude.
- The governing body of the Town of Standish.
- The discharge, deposit, dumping or placing of any solid waste into or on any land.
- A building designed or used exclusively as the living quarters for one or more families.
- DWELLING UNIT
- One or more rooms with private bath and kitchen facilities intended for occupancy by a single family.
- The fee for a permit, license or the cost to dispose of solid waste.
- HAZARDOUS WASTE
- A waste substance or material in any physical state designated as hazardous by the terms of a certain Associate Member Municipality Waste Handling Agreement between the Town and Regional Waste Systems, Inc. (RWS).
- INFECTIOUS WASTE
- 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.
- Any natural person, corporation, partnership, sole proprietorship, association or other legal entity.
- REGIONAL WASTE SYSTEMS, INC. (R.W.S.)
- Regional Waste Systems, Inc., a noncapital stock, nonprofit corporation created pursuant to Title 30, Chapter 205, and Title 13, Chapter 81, of the Maine Revised Statutes or any successor thereto or assignee thereof.
- RESIDENTIAL SOLID WASTE
- All solid wastes generated within the Town at a dwelling or a dwelling unit.
- SOLID 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 it shall not include septic tank sludge, agricultural or hazardous wastes. It includes all acceptable waste as defined herein.
- SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)
- Any land, structure or combination of land area and structures used for storing, salvaging, reducing, incinerating, reclaiming or disposing of solid wastes. This term includes the RWS Disposal Facility and the Standish Solid Waste Transfer Station.
- SOLID WASTE HAULER
- Any person who has been licensed by the Town to collect, transport and dispose of residential, commercial, institutional or industrial solid waste for a fee.
- STANDISH SOLID WASTE TRANSFER STATION (SSWTS)
- The designated Town solid waste disposal facility.
- TIPPING FEE
- The disposal costs required to be made for the handling of acceptable waste.
- The Town of Standish.
- UNACCEPTABLE WASTE
- That portion of solid waste which is not acceptable waste, including, but not limited to, sewage and its derivatives, special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended, hazardous waste and wastes determined by R.W.S. to violate the air emission criteria and standards applicable to and at the R.W.S. disposal facility.
- UNIVERSAL WASTE
- Waste that may contain hazardous amounts of toxic materials such as mercury, lead and PCB's. They include CRT's, cathode ray tubes (computer monitors, TV's), fluorescent light bulbs and/or lamps, mercury-containing thermostats and nonleaking PCB lighting ballasts.
Editor's Note: The definition of "personal commercial/industrial hauler," which immediately followed this definition, was repealed 7-8-2003 by Order No. 96-03.
Editor's Note: Former § 245-4, Designation of disposal facilities, was repealed 9-9-2003 by Order No. 124-03.
The Council, Town Manager or designated agent shall establish the rules and regulations governing the availability and use of the SSWTS.
The Council shall be assisted by a Recycling and Waste Management Committee, whose role shall be to research, educate, promote recycling, solid waste reduction and management. The Committee shall consist of one Town Council member, the Public Works Director, and five citizens at large. The Committee shall act in an advisory capacity to the Council. Except for the Public Works Director, all appointments shall be by the Council for three-year staggered terms.
[Amended 9-10-2002 by Order No. 116-02; 10-12-2004 by Order No. 132-04]
The Chair of the Committee may invite others to the Committee meetings for technical advice from time to time such as a director from the School Board or a member of the Planning Board.
[Amended 10-12-2004 by Order No. 132-04]
Editor's Note: This order also renumbered former Subsection C as Subsection D.
The operation of the SSWTS shall conform to all pertinent regulations or directives of all local, county, state or federal agencies which may have jurisdiction.
Except for inert substances such as earth, rocks, concrete or similar material for fill purposes, no person shall dispose solid waste of any kind upon any land within the Town except at the SSWTS.
Certain materials may be excluded by the Council from that solid waste which may be disposed of at the solid waste disposal facility. These excluded materials shall include stumps, junk automobile bodies and waste which requires special processing prior to disposal, burning materials or materials containing hot or live coals, hazardous wastes and other materials which the Town deems necessary to exclude. Hazardous and universal wastes shall be handled in accordance with Title 38, M.R.S.A. Chapter 13 and the Department of Environmental Protection's regulations as amended from time to time.
It shall be unlawful for any person to burn any waste within the Town except leaves, brush, tree limbs and other wood waste. Hazardous or infectious waste facilities licensed for incineration are exempt.
The availability and use of the facility shall be limited to residents, businesses and property owners of the Town. As a means of use control, the Town shall annually distribute vehicle permits to authorized users, which shall be permanently affixed to the windshield of the user vehicle(s) or on a window of the vehicle that is clearly visible to the attendant. The cost of vehicle permits shall be established by the Council. Failure to exhibit such permit shall result in the denial of use of the facility.
The Town may require solid waste to be separated into such categories as may be established by the Town and disposed of only in such manner and locations as designated.
Any solid waste deposited within the facility shall become the property of the Town. No one shall salvage, remove or carry off any deposited solid waste without prior approval of the Town.
Hours of operation and rules of use for the facility shall be established by the Town.
A copy of the fees and rules of use shall be maintained at the municipal center, the facility and provided to each authorized user of the facility.
It shall be unlawful for any person not authorized by the Town Manager or Public Works Director to enter the Standish solid waste transfer station on foot, by vehicle or in any manner whatsoever, including without limitation, ATVs, snowmobiles, motorcycles, bicycles, etc., except during the hours of operation as established by the Town. Any person who violates this section shall be guilty of a civil violation subject to a fine of not less than $50 and not more than $500, plus the cost of repair. Each incident shall be a separate violation.
[Added 1-8-2008 by Order No. 144-07]
Solicitation or petition signature gathering within the fenced area of the SSWTS shall be strictly prohibited.
[Added 10-13-2009 by Order No. 105-09]
All solid waste haulers shall be licensed by the Town. It shall be unlawful for any person to haul, collect, remove, transport and dispose of commercial solid waste generated within the Town for a fee without first obtaining a license therefor.
Each person hauling, collecting, removing, transporting and disposing of his or her own residential solid waste in accordance with this article must obtain an annual vehicular permit.
Licenses shall not be transferable. The Town shall be informed immediately of any changes in the information on the application for a license.
All licenses and vehicle permits shall be issued for the duration of the Town's fiscal year.
Any person desiring to receive a license referred to in this article shall present a written application therefor to the Town Clerk on a form provided by the Town accompanied by the appropriate license fee. Licenses shall be issued only after review by the Public Works Director and approval by the Council.
An application for license under this article shall obtain the following information:
Anyone denied a license under this article shall be entitled to a hearing before the Council by filing a written notice of appeal with the Town Clerk within 30 days after denial.
Licenses under this article may be suspended or revoked by the Town Manager for violation of, or failure to comply with, any of the provisions of this article or with the provisions of any other applicable ordinance of the Town or the laws of Maine. Appeals from the Town Manager's decision may be taken to the Council by filing a written notice of appeal with the Town Clerk within 30 days after the Town Manager's decision. Upon notice and hearing the Council may affirm, reverse or modify the Town Manager's decision.
If any license application is denied or license revoked, the applicant/licensee may not reapply for a period of three months.
Solid waste haulers shall be responsible for the tipping fee charged by the disposal facility they utilize.
Solid waste haulers shall deposit solid waste at an approved disposal facility other than the SSWTS.
Persons hauling their own residential solid waste shall deposit it at the Town disposal facility.
All hauling, collection, removal, transportation and disposal of unacceptable waste shall be in accordance with applicable state and federal statutes, rules, regulations, codes, orders and all applicable Town ordinances. The provisions of this article shall in no way be construed to authorize or regulate the hauling, collection, removal, transportation and disposal of unacceptable wastes, including, but not limited to, hazardous wastes within the Town.
Trucks or other vehicles used by solid waste haulers shall be of the compactor type, watertight and with an enclosed cargo space. Collection of dry refuse, rubbish and other solid waste materials is permitted in open trucks that are covered. No trucks or other vehicles shall be permitted to scatter any of the contents on any of the streets, highways or roads of the Town. Trucks used to haul solid waste over the streets of the Town must be maintained in a clean and sanitary condition and shall meet all of the requirements of the Town or appropriate state agency where applicable.
It shall be the duty of the Town Manager to enforce the provisions of this article.
All ordinances or parts of ordinances in conflict with this article are hereby repealed.
If any section, subsection, sentence or part of this article is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
Whoever violates any of the provisions of this article shall be punished by a fine of not more than $500 for each violation plus costs, including, but not limited to, legal fees and the actual costs of cleanup or correction which may be incurred by the Town. The fine shall be recovered on complaint to the use of the Town. In addition, the Town may seek injunctive relief, including attorneys' fees, to ensure compliance with the terms of this article. Each day that a violation continues to exist shall be considered a separate infraction.
It shall be unlawful for any person not authorized by the Town Manager or Public Works Director to enter upon the landfill closure mound adjacent to the Standish Solid Waste Transfer Station on foot, by vehicle or in any manner whatsoever, including without limitation ATVs, snowmobiles, motorcycles, bicycles, etc. Any person who violates this section shall be guilty of a civil violation subject to a fine of not less than $50 and not more than $500 plus the cost of repair. Each incident shall be a separate violation.