[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[1]]
[1]
Editor's Note: This order also repealed former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:
Ordinary residential, 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, tires, ashes; and
Recyclable portions of commercial and industrial
solid waste; and
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
Construction and demolition debris.
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.
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, 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.
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.
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).
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.[1]
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.
All solid wastes generated within the Town at a dwelling
or a dwelling unit.
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.
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.
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.
The designated Town solid waste disposal facility.
The disposal costs required to be made for the handling of
acceptable waste.
The Town of Standish.
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.
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.
[1]
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.
[1]
Editor's Note: Former § 245-4, Designation
of disposal facilities, was repealed 9-9-2003 by Order No. 124-03.
A.
The Council, Town Manager or designated agent shall
establish the rules and regulations governing the availability and
use of the SSWTS.
B.
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]
C.
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[1]]
[1]
Editor's Note: This order also renumbered
former Subsection C as Subsection D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
Hours of operation and rules of use for the facility
shall be established by the Town.
E.
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.
F.
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]
G.
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]
A.
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.
B.
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[1].
C.
Licenses shall not be transferable. The Town shall
be informed immediately of any changes in the information on the application
for a license.
D.
All licenses and vehicle permits shall be issued for
the duration of the Town's fiscal year.
A.
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.
B.
An application for license under this article shall
obtain the following information:
A.
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.
B.
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.
C.
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.
A.
Solid waste haulers shall deposit solid waste at an
approved disposal facility other than the SSWTS.
B.
Persons hauling their own residential solid waste
shall deposit it at the Town disposal facility.
C.
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.
