City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor as Ch. V, Art. I, Secs. 15, 16, 19, 20 and 21; amended 6-28-1976. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Property Maintenance Code — See Ch. 223.
Public property — See Ch. 234.
[Amended 2-22-1988 by Ord. No. 88-96; 3-26-1990 by Ord. No. 90-118; 1-8-1996 by Ord. No. 96-66; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 10-14-2009 by Ord. No. 09-303; 4-8-2013 by Ord. No. 13-116; 12-27-2017 by Ord. No. 18-044; 6-24-2019 by Ord. No. 19-261]
No person, corporation or legal entity shall dispose of solid waste in any manner which is contrary to the provisions of this section, as hereinafter described.
A. 
Authority. This section is enacted pursuant to the authority granted to the City of Bangor under the Constitution of the State of Maine, the City Charter, 30-A M.R.S.A. § 3001 and 38 M.R.S.A. § 1304-B.
B. 
Purpose. The purpose of this section is to promote the public health, safety and welfare; to gain management control over solid waste and enable the reclamation of resources, including energy therefrom; to provide for the orderly operation of a solid waste disposal facility pursuant to 38 M.R.S.A. § 1305, Subsection 1; to allow the City to properly administer a contract with the waste processing facility located in Hampden, Maine, owned by Coastal Resources of Maine LLC and/or its assignees, hereinafter referred to as the "Coastal Facility"; and to control commercial haulers and noncommercial haulers who collect and transport solid waste within the limits of the City of Bangor.
C. 
Definitions. Any terms, phrases and words not defined herein shall have the generally accepted meaning or definition promulgated in Webster's Seventh New Collegiate Dictionary (Copyright 1971). The terms, phrases and words in this section shall have the following meanings:
ACCEPTABLE SOLID WASTE
All wastes which the Coastal Facility will accept, including all ordinary household, municipal, institutional, commercial and industrial wastes, refuse and discarded materials. Examples of acceptable forms of solid waste are ordinary trash, plastic milk jugs and detergent bottle, tin and aluminum cans, empty aerosol cans and cardboard and paper.
COMMERCIAL HAULER
An individual, corporation, partnership or other legal entity who or which hauls solid waste for another from within the City limits of the City of Bangor for compensation or hauls solid waste generated by his, her or its own business.
HAULER
An individual, corporation, partnership or other legal entity who or which hauls unacceptable solid waste (waste not accepted at Coastal) for himself, herself, itself or another from within the limits of the City.
SOLID WASTE
Shall have the same definition as set forth in 38 M.R.S.A. § 1303-C, as the same may be amended from time to time.
UNACCEPTABLE SOLID WASTE
All waste that is not acceptable solid waste and will not be processed by the Coastal Facility at its Hampden, Maine, facilities. Items under this section are considered to be unacceptable forms of solid waste:
(1) 
Demolition or construction debris or material from building and roadway projects or locations.
(2) 
Liquid wastes or sludges.
(3) 
Abandoned or junk vehicles or vehicle parts.
(4) 
Hazardous wastes and flammable wastes.
(5) 
Dead animals or portions thereof or other.
(6) 
Infectious or biological waste.
(7) 
Water treatment residues.
(8) 
Tree stumps and yard debris including trees, sticks, branches, leaves, grass and weeds, brush, and woodchips.
(9) 
Tannery sludge.
(10) 
Waste oil, lubricants, or fuel including gasoline and propane.
(11) 
Paint and mastics.
(12) 
White goods, such as freezers, refrigerators, washing machines, dryers, stoves, air conditioners, or any good containing Freon or form of chlorofluorocarbons and/or hydrochlorofluorocarbons.
(13) 
Furniture, including mattresses, box springs, and sofas.
(14) 
Electronic waste (e waste), includes items such as televisions, computers, monitors, phones, lithium batteries, and electronic items.
(15) 
Tires.
USER
An individual, corporation, partnership or other legal entity who or which resides in the City of Bangor and/or has a business in the City of Bangor which produces solid waste that is disposed of by a commercial or unlicensed hauler.
D. 
Flow control. Commencing April 1, 2018, all acceptable solid waste generated within the City of Bangor shall be disposed of at the Coastal Facility in Hampden by municipal residential curbside pickup or by commercial haulers who are licensed as hereinafter provided.
E. 
Licensing. All commercial haulers must obtain an annual license from the office of the Bangor Public Works Department.
(1) 
The Public Works Director shall devise an application form which shall be approved by the appropriate Council committee prior to its use. Each application must be accompanied by a list of the current license plate numbers of all trucks owned by the applicant which are to be used to haul waste to the Coastal Facility. The list shall be kept up-to-date, and any changes must be reported immediately to the Public Works office. Trucks with unregistered plates will not be permitted access to the Coastal Facility.
(2) 
Only vehicles which are in good operating condition, which have their loads enclosed within a container or covered securely and which are capable of discharging their loads on the Coastal tipping room floor by mechanical means will be licensed.
(3) 
Any individual or company who provides, places, or services any dumpster or similar container for the collection or handling of acceptable solid waste in the City of Bangor shall obtain a solid waste haulers license.
(4) 
All licenses are nontransferable.
F. 
Fees. The City Council shall establish annual fees for the licensing of commercial haulers, which shall include a basic fee and an additional fee for each vehicle to be licensed. Haulers shall be required to pay any fees for disposal which may be established by the City Council.
G. 
Credit for tonnage. It shall be the responsibility of the commercial hauler to ensure that the City of Bangor is given credit by the Coastal Facility for all acceptable waste collected within the City of Bangor and delivered to the Coastal Facility by him or her. In the event that acceptable solid waste collected by a commercial hauler within the City of Bangor is commingled in a vehicle with any other solid waste collected in any other municipality the commercial hauler shall have a method acceptable to the City to determine the weight of the solid waste collected within the City of Bangor. The commercial hauler shall provide documentation to the City of Bangor, upon request, for the amount of solid waste collected within the City of Bangor.
H. 
Responsibilities of the hauler. The commercial hauler shall be held fully responsible for the presence of unacceptable waste in the loads delivered by them to the Coastal Facility. In the event that the commercial hauler disposes of any unacceptable waste at the Coastal Facility, said waste shall be immediately removed from said Coastal Facility by the hauler at the hauler's expense or by the City or its agents, with double the cost of removal and disposal to be billed to the hauler. The hauler shall be fully responsible for the handling of waste between its source in Bangor and the Coastal Facility in Hampden and shall save the City of Bangor harmless from any or all claims of injury or damage resulting from his or her hauling operations.
I. 
Records. All commercial haulers shall provide the City of Bangor Public Works Director with a list of all major users and a description of all routes, which shall be initially submitted at the time of application for license and shall be updated monthly. In addition, the driver of each of the commercial hauler's vehicles shall identify the source of each load on the weight ticket at the Coastal Facility, either by route number or by the name of the commercial establishment if the load is from a single source. The Public Works Director or his or her agents shall have the right, upon reasonable notice, to inspect the records of any commercial hauler as to the solid waste collected by him or her within the limits of the City of Bangor.
J. 
Payment. Each commercial hauler will be billed monthly for the total tonnage delivered by him or her to the Coastal Facility from the City of Bangor at a rate per ton equal to the sum of the current tipping fee price, any administrative fees charged to support multijurisdictional solid waste activities and a 1% City of Bangor administrative fee, said billing to be done by the City of Bangor or its designated agent.
(1) 
The City reserves the right to adjust the tipping fee from time to time as may be necessary to defray its total cost of solid waste disposal; however, the same tipping fee will be charged to all commercial haulers within the City of Bangor.
(2) 
Billing shall be done on a cycle to be determined by the Finance Director. Payment shall be due and payable within 30 calendar days from the date of invoice. Late payments shall be subject to the same rate of interest as is in effect at the time for delinquent property tax payments. Failure to pay within the prescribed time may result in temporary suspension of the hauler's license until payment is received.
(3) 
The Finance Director may also require licensed haulers to post a payment bond or such other guaranty acceptable to the City Solicitor to insure the financial capability of such haulers to meet required payments to the City. Posting of bond or other guaranty may be required of a licensed hauler who has failed to make timely payments of all fees billed and whose license was temporarily or permanently suspended.
K. 
Establishment and operation of disposal areas for special wastes. The City Council may from time to time establish rules and regulations for the disposal and/or transfer of special wastes, including but not limited to demolition debris, white goods, tires or other unacceptable wastes as defined in Subsection C, including the location, the hours of operation, the establishment and method of collection of disposal fees and any other appropriate conditions. The establishment of said facilities and the rules pertaining to the operation thereof, including fee schedules, shall be established by Council order, including subsequent amendments thereto.
[Amended 2-22-1988 by Ord. No. 88-96; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 6-24-2019 by Ord. No. 19-261]
Any commercial hauler who violates any provisions of § 265-1 may receive a temporary suspension of his or her license to haul within the City or Bangor if, in the opinion of the Director of Public Works, the violation is considered to be a serious breach of the provisions of § 265-1. Upon notice to the commercial hauler of said temporary suspension, a public notice of said suspension will be issued and a hearing scheduled with the appropriate Council committee. If the committee upholds the decision of the Director of Public Works, then a penalty of $150 for each violation shall be levied against the commercial hauler, with each day of violation considered to be a separate offense. Said penalty shall be paid to the City prior to the reinstatement of the license. In the event that a commercial hauler shall have violated the provisions of § 265-1 for five days or more or on 10 or more separate occasions, the City Council shall have the right to revoke any existing license and refuse to grant a license in the future.
[Amended 1-14-1991 by Ord. No. 91-6; 1-8-1996 by Ord. No. 96-66; 11-14-2005 by Ord. No. 05-343; 5-8-2006 by Ord. No. 06-144; 11-23-2009 by Ord. No. 10-009; 2-8-2016 by Ord. No. 16-075; 8-26-2019 by Ord. No. 19-311]
The City of Bangor shall provide for the collection of acceptable commingled residential solid waste and recyclable items in accordance with the following rules and regulations.
A. 
Designated residences. The City shall provide residential collection to all single-family residences and multifamily residential units where four or fewer units are located on a single parcel, provided that said parcel has frontage on a City street. Service may be provided to multifamily residential units in excess of four upon finding of the Director of Public Works that such units cannot be serviced by commercial providers due to their inability to place a collection container of sufficient size to service the units in a location which is acceptable to the City's Code Enforcement Division.
B. 
Collection day and routes. The Director of Public Works shall establish appropriate collection routes and the day on which each route shall be collected.
C. 
Time. Commingled residential solid waste and recyclables shall be placed at the curb in front of or adjacent to the residence from which such waste was generated no earlier than 5:00 p.m. on the day before the scheduled day of collection and no later than 6:30 a.m. on the scheduled day of collection to ensure collection. The City is not responsible for collecting waste placed at the curb after this time.
D. 
Handling. Waste must be placed in containers or bags. Trash cans and bags shall not exceed 32 gallons' capacity. Cans and bags shall not exceed 30 pounds in weight. Containers must be in good condition with handles and covers. Cardboard boxes will not be accepted as containers and will not be picked up if placed curbside for rubbish collection. Containers of a shape or dimension which prevents the free and unhindered emptying of their contents are prohibited. Continued use of a container in bad condition will result in its disposal. Plastic bags shall have a minimum thickness of 1 1/2 mils to ensure appropriate strength. Refuse which is jammed in containers will not be collected, since collection personnel are not required to reach into containers. Waste which exceeds the weight limit may not be collected.
E. 
Amount. No more than five total cans and/or bags, each not to exceed 32 gallons in capacity and/or 30 pounds in weight, may be placed for collection per single family residence and each unit of a multifamily residence unit (four units or fewer) per collection day.
F. 
Spilled waste. Spills resulting from overfilling, broken containers or animal disruption are the responsibility of the resident and property owner.
G. 
Refused solid waste or recyclable items. Solid waste or recyclable items that have been refused or are unacceptable for pickup shall be immediately removed from the curbside. Residences shall be responsible for ensuring that refused items are removed from the curbside or abutting right-of-way. If, in the opinion of the Public Works Director or his or her designee, leaving refused or unacceptable refuse would endanger the health, safety, or welfare of the public, he or she may cause these items to be collected in such a manner as he or she deems fit.
[Amended 1-14-1991 by Ord. No. 91-6; 9-27-1995 by Ord. No. 95-397; 1-8-1996 by Ord. No. 96-66; 2-13-2012 by Ord. No. 12-068; 3-10-2014 by Ord. No. 14-100; 8-26-2019 by Ord. No. 19-311]
A. 
Commercial hauler yard debris/landscaping waste.
(1) 
The Public Works Department shall accept yard debris/landscaping waste, including the following: trees, brush, wood chips, tree limbs, grass clippings, leaves, and other related vegetative matter.
(2) 
The Public Works Department will not accept the following types of yard debris: tree stumps, invasive plant species, rocks and boulders.
B. 
Residential - yard debris.
(1) 
Residents are required to deposit yard debris, including the following, at the Public Works Department: trees, brush, wood chips, tree limbs, grass clippings, leaves, and other related vegetative matter. The Public Works Department will also schedule residential yard debris cleanup days, providing curbside collection of the yard debris as described above.
(2) 
The Public Works Department will not accept the following types of yard debris: tree stumps, invasive plant species, rocks and boulders.
C. 
Permit. Any individual seeking to deliver yard debris or landscaping waste to the Public Works Departments must obtain an annual permit from the City of Bangor which shall expire on June 30 of each year. The permit may be obtained from the Public Works Department. Permits must be displayed on the windshield of the permit holder's vehicle. All permits are nontransferable. The City Council shall establish the annual fee for resident and nonresident permit holders.
[Amended 1-14-1991 by Ord. No. 91-6; 9-27-1995 by Ord. No. 95-397; 11-14-2005 by Ord. No. 05-343; 11-23-2009 by Ord. No. 10-009; 4-8-2013 by Ord. No. 13-116; 8-26-2019 by Ord. No. 19-311]
A. 
The following shall constitute violations of this chapter and shall be punishable by fine or waiver fees as set forth:
(1) 
Failure to remove uncollected waste. Failure to remove uncollected or spilled waste prior to 10:00 p.m. on the scheduled day of collection and placing waste at the curb earlier than 5:00 p.m. on the day before pickup is prohibited. The Public Works Director or his designee may, at his discretion, cause waste which is not removed pursuant to this subsection to be collected in such a manner as he or she deems fit.
(2) 
Disposal of rubbish and garbage on public or private property. No person shall throw or place or cause to be thrown or placed upon the premises of himself, herself or another located within the limits of the City of Bangor any rubbish, garbage or debris of any kind, nor shall any owner or occupant of any such premises suffer any such rubbish, garbage or debris to remain on said premises after receiving notice from the Chief of Police, Code Enforcement Officer or Director of Public Works or their designees. Any person or persons so failing to remove any such rubbish, garbage or debris for a period of seven days after receipt of said notice shall be fined as designated below.
(3) 
Unauthorized use of commercial or private containers. Placing waste in any commercial or private solid waste container without the consent of the owner or lessor of such container is prohibited.
(4) 
Unauthorized taking of solid waste or recycling items. No person not licensed to do so by the City of Bangor shall take any solid waste or recyclable item placed by any residence or business for pickup and removal by the City of Bangor or its licensees.
(5) 
Unauthorized taking of yard debris. No persons not permitted to do so by the City of Bangor shall take any yard debris to the Public Works Department without a permit.
(6) 
Unauthorized taking of unacceptable yard debris. No person shall deposit any unacceptable yard debris as defined herein to the Public Works Department.
B. 
Penalties.
(1) 
Initial violations of this chapter, other than Subsection A(4), shall be subject to a fine of $50. Additional violations within a one-year period shall be subject to larger fines as follows:
Number of Violations
Fine
2
$100
3
$250
4
$500
5 or more
$1,000
(2) 
Repeated violators will be subject to termination of City-provided garbage collection. In the case of multifamily units, collection services may be terminated for an entire structure or complex and the owner required to provide private collection as necessary to ensure the public health and safety. The Director of Public Works shall have the authority to terminate collection services.
(3) 
Violations of Subsection A(4) shall be subject to a fine of $500. Additional violations of Subsection A(4) within a one-year period shall be subject to larger fines as follows:
Number of Violations
Fine
2
$750
3
$1,000
4
$1,250
5 or more
$1,500
C. 
Reimbursement. All costs to the City for collection of refuse pursuant to § 265-3K or § 265-5A(1) may be billed to the owner or resident of the residence from which the refuse originated. Failure to pay said bill may result in the placement of a lien upon said residence.
D. 
Decisions and penalties made pursuant to this chapter may be appealed to the City Manager or his or her designee. If dissatisfied with the Manager's decision, appeal may be made to the appropriate Council committee. In cases of termination of service, service shall remain terminated during the appeal process.