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
Hazardous materials — See Ch. 143.
Property Maintenance Code — See Ch. 223.
Public property — See Ch. 234.
[Amended 2-22-1988 by Ord. No. 88-96]
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.
[Amended 3-26-1990 by Ord. No. 90-118]
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 Fiberight LLC and/or its assignees, hereinafter referred to as the "Fiberight Facility"; and to control commercial haulers and noncommercial haulers who collect and transport solid waste within the limits of the City of Bangor.
[Amended 12-27-2017 by Ord. No. 18-044
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 Fiberight Facility will accept at its facilities, including all ordinary household, municipal, institutional, commercial and industrial wastes which consist primarily of combustible materials, except for the following:
[Amended 1-8-1996 by Ord. No. 96-66; 12-27-2017 by Ord. No. 18-044]
(1) 
Demolition or construction debris from building and roadway projects or locations.
(2) 
Liquid wastes or sludges.
(3) 
Abandoned or junk vehicles.
(4) 
Hazardous wastes.
(5) 
Dead animals or portions thereof or other pathological wastes.
(6) 
Water treatment residues.
(7) 
Tree stumps.
(8) 
Tannery sludge.
(9) 
Waste oil.
(10) 
Discarded white goods, such as freezers, refrigerators, washing machines, etc.
(11) 
Waste which, in the reasonable judgment of the Fiberight Facility's weigh station operator, based solely upon a visual inspection, has a Btu content of less than 4,000 Btu's per pound, unless the waste fails to meet the aforesaid Btu minimum requirements solely because of the moisture content of such waste and such moisture content is due to abnormally wet weather conditions.
[Amended 12-27-2017 by Ord. No. 18-044]
(12) 
Quantities of tires which may be determined by the Fiberight Facility to be excessive.
[Amended 12-27-2017 by Ord. No. 18-044]
(13) 
Corrugated cardboard.
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.
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.
[Amended 9-14-1998 by Ord. No. 98-339]
UNACCEPTABLE SOLID WASTE
All waste that is not acceptable solid waste and will not be accepted by the Fiberight Facility at its Hampden, Maine, facilities.
[Amended 12-27-2017 by Ord. No. 18-044]
UNLICENSED HAULER
An individual, corporation, partnership or other legal entity who or which hauls unacceptable solid waste for himself, herself, itself or another from within the limits of the City.
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 Fiberight in Facility Hampden by municipal residential curbside pickup or by commercial haulers who are licensed as hereinafter provided. The only exceptions will be unlicensed haulers of unacceptable waste or alternate disposal sites or transfer stations which may be designated from time to time by the City.
[Amended 12-27-2017 by Ord. No. 18-044]
E. 
Organic waste. The Public Works Department shall provide a facility to accept organic waste. Acceptable organic waste shall include tree, brush, wood chips, grass clipping and other vegetated matter. Organic waste that shall not be accepted at the Public Works Department Facility shall include tree stumps, demolition debris, food waste and invasive plant species.
[Added 4-8-2013 by Ord. No. 13-116[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsections E through K as Subsections G through M, respectively.
F. 
All persons seeking to deliver organic waste to the Public Works Department 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, the office of the City Clerk or the Treasury 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.
[Added 4-8-2013 by Ord. No. 13-116[2]]
[2]
Editor’s Note: This ordinance also redesignated former Subsections E through K as Subsections G through M, respectively.
G. 
Licensing. All commercial haulers must obtain an annual license from the office of the Bangor City Engineer.
[Amended 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 10-14-2009 by Ord. No. 09-303; 12-27-2017 by Ord. No. 18-044]
(1) 
The City Engineer 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 Fiberight Facility. The list shall be kept up-to-date, and any changes must be reported immediately to the City Engineer's office. Trucks with unregistered plates will not be permitted access to the Fiberight 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 Fiberight 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.
H. 
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. Unlicensed haulers shall obtain a decal from the City Treasurer's office, requiring proof of residency, and shall be required to pay any fees for disposal which may be established by the City Council.
I. 
Credit for tonnage. It shall be the responsibility of the commercial hauler to ensure that the City of Bangor is given credit by the Fiberight Facility for all acceptable waste collected within the City of Bangor and delivered to the Fiberight Facility by him or her. Acceptable solid waste collected by a commercial hauler within the City of Bangor shall not be commingled in a vehicle with any other solid waste collected in any other municipality.
[Amended 12-27-2017 by Ord. No. 18-044]
J. 
Responsibilities of the hauler. The commercial hauler shall be held fully responsible for the presence of unacceptable waste in the loads delivered by him or her to the Fiberight Facility. In the event that the commercial hauler disposes of any unacceptable waste at the Fiberight Facility, said waste shall be immediately removed from said Fiberight 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 Fiberight 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.
[Amended 12-27-2017 by Ord. No. 18-044]
K. 
Records. All commercial haulers shall provide the City of Bangor City Engineer 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 Fiberight Facility, either by route number or by the name of the commercial establishment if the load is from a single source. The City Engineer 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.
[Amended 12-27-2017 by Ord. No. 18-044]
L. 
Payment. Each commercial hauler will be billed monthly for the total tonnage delivered by him or her to the Fiberight 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 one-percent City of Bangor administrative fee, said billing to be done by the City of Bangor or its designated agent.
[Amended 12-27-2017 by Ord. No. 18-044]
(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.
M. 
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]
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 Operations and Maintenance Director, 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 Operations and Maintenance Director, 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]
The City of Bangor shall provide for the collection of acceptable residential solid waste and acceptable 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 Operations and Maintenance 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.
[Amended 2-8-2016 by Ord. No. 16-075]
B. 
Collection day and routes. The Director of Operations and Maintenance shall establish appropriate collection routes and the day on which each route shall be collected.
C. 
Time. Residential solid waste 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.
[Amended 11-14-2005 by Ord. No. 05-343]
D. 
Handling. Waste must be placed in containers or bags or bundled in lengths not to exceed four feet. Trash cans and bags shall not exceed 32 gallons' capacity. Cans, bags and bundles 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 or which is inappropriately bundled may not be collected.
[Amended 1-8-1996 by Ord. No. 96-66]
E. 
Amount. No more than 10 total cans, bags, and bundles may be placed for collection per residential parcel per collection day.
[Added 11-23-2009 by Ord. No. 10-009[1]; amended 2-8-2016 by Ord. No. 16-075]
[1]
This ordinance also redesignated former Subsections E through J as Subsections F through K, respectively.
F. 
Spilled refuse. Spills resulting from overfilling, broken containers or animal disruption are the responsibility of the resident and property owner.
G. 
Brush, yard and garden waste. Material must be contained in bags or cans or bundled no longer than four feet.
H. 
Tires. No more than two unmounted tires per week will be accepted for collection.
I. 
Furniture. Bulky furniture items will be accepted if broken down and bundled into four-foot lengths of 30 pounds or less in weight.
J. 
Lumber and combustible construction material. Lumber and combustible construction material will be accepted if such material is placed in cans or bags or bundled in four-foot lengths. Such materials may not exceed a maximum of 30 pounds per household per week and must result from work done directly by the homeowner. Materials which, in the opinion of the Director of Operations and Maintenance, result from work performed by a contractor will not be accepted.
K. 
Refused refuse. Refuse that has been refused or is unacceptable for pickup shall be immediately removed from the curbside. Residences shall be responsible for ensuring that refused refuse is 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 the refuse to be collected in such a manner as he or she deems fit.
[Added 5-8-2006 by Ord. No. 06-144; amended 11-23-2009 by Ord. No. 10-009]
[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]
The City shall provide a single-stream curbside recycling program to residential units to which the City provides solid waste collection. The City shall also provide a dropoff facility accepting single-stream recycling materials from all residents and commercial establishments in the City. The materials to be accepted in the recycling program shall be established by the Director of Operations and Maintenance. The City Council may, by order, establish fees for the acceptance of material generated by commercial establishments. In addition, the Director of Operations and Maintenance may refuse to accept materials from commercial sources if the type or quantities of such materials are beyond the City's reasonable financial or operational ability to appropriately respond.
A. 
Recycling containers. Items placed at the curb for recycling collection must be placed in clear plastic bags, blue bins, or covered recycling containers approved by or acceptable to the Director of Operations and Maintenance. Corrugated cardboard may be piled beside or under other recycling containers in such a manner that the cardboard is not disturbed by the wind or traffic. If recycled material placed in a covered container is bagged, it must be in a clear plastic bag such that collection personnel may determine that the material is acceptable single-stream recycling material. Containers shall be designated as a recycling container with a recycling sticker provided by the City. Recycling containers or bags shall not exceed 30 pounds in weight. Containers other than blue bins must be in good condition with handles and covers.
B. 
Curbside recycling collection. Recycling collection shall occur every other week on the same day as curbside rubbish collection. Recycling material placed curbside for collection must be separated from curbside rubbish material. Recycling containers must be placed in such a manner that the recycling sticker is visible from the road as the recycling truck drives by. Material placed curbside for recycling collection shall be placed at the curb in front of or adjacent to the residence from which such waste was generated and may not be placed curbside earlier than 5:00 p.m. the day before the scheduled collection day or later than 6:30 a.m. the day of scheduled recycling collection. The City is not responsible for collecting recycling material placed at the curb after this time.
C. 
Costs. Recyclables shall be collected curbside at no charge. There shall be no charge at the dropoff facility for residents.
D. 
Handling. The curbside recycling collection contractor shall be responsible for cleaning up spilled materials due to spillage during collection. Residents shall be responsible for cleaning up spilled materials due to improper packaging in containers or bags or failure of bags or containers due to animals, people, traffic, overfilling or weather-related incidents. The contractor shall not be responsible for cleaning loose or frozen material from containers.
E. 
Property rights. Any and all acceptable recyclable materials placed at the curb become the sole property of the City or its designated agent.
[Amended 1-14-1991 by Ord. No. 91-6]
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 waste or spilled refuse 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.
[Amended 11-14-2005 by Ord. No. 05-343; 11-23-2009 by Ord. No. 10-009]
(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 Operations and Maintenance 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 refuse 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.
[Amended 9-27-1995 by Ord. No. 95-397]
(5) 
Unauthorized taking of organic waste. No persons not permitted to do so by the City of Bangor shall take any organic waste to the Public Works Department without a permit.
[Added 4-8-2013 by Ord. No. 13-116[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsections E through K as Subsections G through M, respectively.
(6) 
Unauthorized taking of unacceptable organic waste. No person shall deposit any unacceptable organic waste as defined herein to the Public Works Department.
[Added 4-8-2013 by Ord. No. 13-116[2]]
[2]
Editor’s Note: This ordinance also redesignated former Subsections E through K as Subsections G through M, respectively.
B. 
Penalties.
[Amended 9-27-1995 by Ord. No. 95-397]
(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 Operations and Maintenance shall have the authority to terminate collection services.
[Amended 11-23-2009 by Ord. No. 10-009]
(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.
[Added 11-23-2009 by Ord. No. 10-009]
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.
[Added 11-23-2009 by Ord. No. 10-009]