Town of Alfred, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Alfred 6-24-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 90.
This chapter shall be known as the "Town of Alfred, Maine, Solid Waste Flow Control Ordinance."
[Amended 3-29-2014 ATM by Art. 26]
This chapter is enacted pursuant to the authority granted in 30-A M.R.S.A. §§ 3001 through 3007, 3351 and 3352 and 38 M.R.S.A. § 1305.
[Amended 3-29-2014 ATM by Art. 26]
The municipality has a statutory obligation to provide a solid waste disposal facility for domestic and commercial waste generated within the municipality and is authorized to provide such a facility pursuant to 38 M.R.S.A. § 1305, Subsection 1. The purpose of this ordinance is to regulate the acceptance, transportation, and disposal of municipal solid waste generated within the borders of the Town of Alfred in order to protect the health, safety and welfare of the residents and property owners thereof.
A. 
All terms not specifically defined herein shall have their ordinary meanings; words used in the present tense include the future, and the plural includes the singular.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTABLE WASTE
All solid wastes of the type presently accepted at the transfer station used by the municipality, including all ordinary household, municipal, institutional, commercial and industrial wastes with the following exceptions:
[Amended 7-26-2000 STM by Art. 3]
(1) 
Demolition or construction debris from roadway projects.
(2) 
Liquid wastes or sludges.
(3) 
Abandoned or junk vehicles.
(4) 
Hazardous waste, that is waste with inherent properties that make it dangerous to manage by ordinary means, including but not limited to chemicals, explosives, pathological wastes, radioactive wastes, toxic wastes and other wastes defined as hazardous by the State of Maine or the Resource Conservation and Recovery Act of 1976, as amended, or other federal, state or local laws, regulations, orders or other actions promulgated or taken with respect thereto.
(5) 
Dead animals or portions thereof or other pathological wastes.
(6) 
Water treatment residues.
(7) 
Tannery sludge.
(8) 
Waste oil.
COMMERCIAL BUSINESS
Any person, firm or corporation that brings to the transfer station more than one cubic yard of material a week on a regular basis.
[Added 7-26-2000 STM by Art. 3]
CONTRACT HAULERS
Any person, firm or corporation being paid for hauling solid waste.
[Added 7-26-2000 STM by Art. 3]
DISPOSAL FACILITY
The facility(ies) designated by the municipality as the storage and/or disposal site(s) for acceptable wastes.[1]
[Amended 7-26-2000 STM by Art. 3]
MUNICIPALITY
The Town of Alfred, Maine.
TRANSFER STATION
A building or container or designated area in which acceptable waste is deposited and temporarily stored for shipment.
[Amended 7-26-2000 STM by Art. 3]
UNACCEPTABLE WASTE
All solid wastes of the type municipalities are required to regulate by 38 M.R.S.A. § 1305, as amended, which specifically excludes industrial and sewage treatment plant sludge, and not included in the definition of "acceptable waste."
[1]
Editor’s Note: The former definition of “energy recovery facility,” which immediately followed this definition, was repealed 3-29-2014 ATM by Art. 26.
[Amended 7-26-2000 STM by Art. 3; 3-29-2014 ATM by Art. 26[1]]
The accumulation, collection, transportation and disposal of acceptable waste and unacceptable waste generated within the municipality shall be regulated in the following manner:
A. 
All acceptable waste deposited at the Alfred Transfer Station will become the property of the Town of Alfred as soon as it leaves the hands of the resident.
B. 
All acceptable waste generated within the municipality shall be deposited at the Alfred Transfer Station in the designated areas as set by the Board of Selectmen.
C. 
All unacceptable waste generated within the municipality shall be deposited at a disposal facility.
[1]
Editor’s Note: This Article also repealed former § 144-5, Energy recovery facility designated, and redesignated former §§ 144-6 through 144-19 as §§ 144-5 through 144-18, respectively.
The following categories of waste shall be exempted from regulation by this chapter:
A. 
Materials from manufacturing, processing or packaging operations which are segregated from solid waste and salvaged for alternate use or reuse by the generator or sold to third parties.
B. 
Glass, metal or other noncombustible materials which are separated from acceptable waste by the generator as part of a recycling program approved by the municipal officers.
C. 
Cardboard, paper, plastic or other combustible materials which are separated from acceptable waste by the generator as part of a recycling program approved by the municipal officers.
[Amended 7-26-2000 STM by Art. 3; 3-29-2014 ATM by Art. 26]
This chapter shall be administered by the municipal officers. Their powers and duties are as follows:
A. 
To adopt reasonable rules and regulations as needed to enforce this chapter.
B. 
To consider all license applications and to grant or deny each application within 30 days after receipt of a completed application at the municipal offices or within such other time as the municipal officers and the applicant shall agree is reasonable.
C. 
To review any alleged violation of this chapter and to impose appropriate penalties therefor after notice and hearing as required by this chapter.
D. 
To institute necessary proceedings, either legal or equitable, to enforce this chapter.
E. 
Set all applicable fees and review fees as necessary.
[Added 7-26-2000 STM by Art. 3]
F. 
Appoint a Solid Waste/Recycling Committee consisting of six members from the community and one Selectman.
[Added 7-26-2000 STM by Art. 3]
(1) 
The term of each member is three years, however the initial terms will be staggered in one-, two- and three-year terms.
(2) 
When there is a permanent vacancy, the Board of Selectmen must appoint a new member to serve for the remainder of the unexpired term.
(3) 
The duties of the Committee are to:
(a) 
Advise the Board of Selectmen on matters concerning solid waste and recycling;
(b) 
Educate the residents of the Town on recycling issues;
(c) 
Report to the Town annually on the work of the Committee.
G. 
To develop and maintain contracts with companies/facilities designated by the Board of Selectmen which provide transportation of all materials and those which process and recover energy and/or useful materials from acceptable waste generated in the municipality, subject to approval by the Board of Selectmen.
[Added 3-29-2014 ATM by Art. 26]
[Amended 3-9-1991 ATM by Art. 79; 7-26-2000 STM by Art. 3; 3-29-2014 ATM by Art. 26]
A. 
No person, firm or corporation shall accumulate, collect, store, transport or dispose of acceptable waste generated within the municipality without obtaining a permit from the municipal officers, except that a person, firm or corporation that accumulates, collects, stores, transports or disposes of less than one cubic yard per month of its own waste shall not be required by this section to obtain such a permit.
B. 
Any person, firm or corporation required by this chapter to obtain a permit shall make application to the municipal officers providing the information required. Each contract hauler application shall be accompanied by a nonrefundable application fee of $100 and annual renewal of said permit shall be accompanied by a nonrefundable annual fee of $100. There will be no fee for a commercial business permit.
C. 
The application shall contain all information required by the municipal officers, including but not limited to a description of the activity(ies) engaged in, e.g., collection, transportation or disposal of acceptable waste and/or unacceptable waste; type(s) and amounts of waste handled in each service area, description of the facility(ies) operated and used; and an equipment inventory, including for vehicles a description of the make, model and year of each vehicle used for the collection or transportation of solid waste. All information provided shall be revised annually upon application for permit renewal. If the municipal officers determine that the application is incomplete, they shall notify the applicant, in writing, of the specific information necessary to complete it. The municipal officers shall be informed immediately, in writing, of any changes in or additions to equipment, including vehicles.
D. 
Contract haulers must provide a list of the 911 pickup locations, and a schedule of pickups shall be included with the application. The municipal officers shall be informed immediately, in writing, of any addition or deletion in collection locations. Contract haulers must also provide proof of liability insurance in an amount no less than $500,000 or as otherwise required by law and acceptable to the Board. The contract hauler will make efforts in encouraging recycling by his/her customers to include but not limited to providing a space on vehicle for recyclable items and passing out brochures/information on the importance and cost savings to the Town to his/her customers.
E. 
Commercial businesses must present a filled-out disposal verification certificate at the time of disposal and pay a per-cubic-yard charge as required by the Board of Selectmen. Only debris from sites located in the Town of Alfred is permitted and will be separated per regulations of the Alfred Transfer Station facility.
F. 
Permits shall not be transferable. In the event of an emergency or vehicle breakdown, a permit holder shall be issued a special permit for a satisfactory replacement vehicle, upon furnishing of all information required for a licensed vehicle.
G. 
All commercial business/contract hauler permits shall expire on December 31 of the year of issue unless otherwise stated on the permit or revoked or suspended sooner in accordance with the provisions of this chapter.
H. 
In the event that the municipal officers deny a permit application, they shall notify the applicant, in writing, and shall state the reasons for the denial. The applicant may request a public hearing in accordance with the procedures in § 144-10.
[Amended 7-26-2000 STM by Art. 3; 3-29-2014 ATM by Art. 26]
Any permit issued may be suspended or revoked by order of the municipal officers after benefit of a hearing in accordance with the procedures in § 144-10, for the following causes:
A. 
Violation of this chapter.
B. 
Violation of any provision of any state or local law, ordinance, code or regulation which relates directly to the provisions of this chapter.
C. 
Violation of any permit condition(s).
D. 
Falsehoods, misrepresentations or omissions in the permit application.
A. 
Anyone denied a permit or whose permit is suspended or revoked pursuant to § 144-9 shall be entitled to a hearing before the municipal officers if such request is made, in writing, within 10 days of denial, suspension or revocation.
[Amended 7-26-2000 STM by Art. 3; 3-29-2014 ATM by Art. 26]
B. 
Such hearings shall be held within 30 days after receipt of the written request for a hearing.
C. 
The permit holder or applicant shall be notified, in writing, as to the time and place of the hearing at least 10 days prior to the hearing date. The applicant or permit holder has the right to be represented by counsel, to offer evidence and to cross-examine the witnesses.
[Amended 7-26-2000 STM by Art. 3]
D. 
A determination shall be made by the municipal officers within 10 days after the conclusion of the hearing, and notice of decision shall be served upon the applicant or permit holder by registered mail, return receipt requested.
[Amended 7-26-2000 STM by Art. 3]
E. 
The municipal officers' final determination relative to the denial or suspension or revocation of a permit and the period of suspension or revocation shall take effect as provided in the notice but no later than 10 days after the date notice of such final determination has been mailed by registered mail, return receipt requested, to the applicant and shall be conclusive. Notice of the final determination shall set forth the reasons for the denial, suspension or revocation and the effective dates thereof, together with a statement that such decision may be appealed as provided in this chapter.
[Amended 7-26-2000 STM by Art. 3]
F. 
Any controversy or claim arising out of or relating to the municipal officers' determination shall be directly reviewable by Superior Court pursuant to M.R.Civ.P., Rule 80B.
[Added 7-26-2000 STM by Art. 3[1]]
A. 
The Town, by the use of fees, will attempt to reduce the cost of solid waste disposal.
B. 
Fees will be charged to commercial businesses and contract haulers for material disposed of as stated in § 144-8 with the exception of recyclable items.
[Amended 3-29-2014 ATM by Art. 26]
C. 
Fees may be charged to all residents disposing of demolition debris, tires, metal and white goods.
D. 
Fees may be waived for all items that are accepted for recycling.
E. 
Fees will be posted at the transfer station and at the Town Hall.
[1]
Editor's Note: This Article also provided for the redesignation of former §§ 144-12 through 144-17 as §§ 144-14 through 144-19, respectively.
[Added 7-26-2000 STM by Art. 3]
A. 
Permits will be given free of charge to any vehicle registered in the Town of Alfred.
[Amended 3-29-2014 ATM by Art. 26]
B. 
Seasonal residents may get permits at the Town Hall.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, regarding the purchase of hand-carried laminated permits, was repealed 3-29-2014 ATM by Art. 26.
D. 
The Town may periodically reissue permits, but not more often than once per year.
E. 
Commercial business/contract hauler permits can only be picked up at the Town Hall. Permits are issued annually and must be renewed in December for the following year.
A. 
All provisions of this chapter are enforceable by duly authorized police officers and the municipal officers.
B. 
Any person who violates any provision of this chapter is subject to arrest and, if convicted, to punishment as provided in § 144-14.
[Amended 3-29-2014 ATM by Art. 26]
C. 
Whenever the municipal officers determine that there has been a violation by virtue of noncompliance, they shall give notice of such violation to the person(s) responsible by personal service or by registered mail, return receipt requested.
(1) 
The citation shall include a statement of reasons and shall allow reasonable time for performance of any act it requires.
(2) 
The citation may contain an outline of remedial action which, if taken, will effect compliance.
(3) 
The citation shall state that unless corrections are made within the allotted time, the violator is subject to prosecution and/or to license permit revocation or suspension pursuant to the provisions of this chapter.
[Amended 7-26-2000 STM by Art. 3]
[Amended 3-29-2014 ATM by Art. 26]
A. 
Criminal penalties. Any person who violates Title 30-A M.R.S.A. § 3352 (Prohibited dumping) shall be guilty of a Class E crime for each violation.
B. 
Civil action. Any person, firm or corporation who violates this chapter shall be subject to a civil penalty, payable to the municipality, of not more than $100 for each violation. Each day of violation shall be considered a separate violation. Such person, firm or corporation shall also be liable for court costs and reasonable attorney fees incurred by the municipality.
The municipal officers may, on written application, grant a variance from a specific provision of this chapter in a specific case subject to appropriate conditions where such variance is in harmony with the general purpose and intent of this chapter and the agreement between the municipality and the energy recovery facility.
A. 
The provisions of this chapter shall supersede all other local laws, ordinances, resolutions, rules or regulations contrary thereto or in conflict therewith.
B. 
The provisions of this chapter shall be severable, and if any phrase, clause, sentence or provision or the application thereof is for any reason held to be unconstitutional or invalid, the remaining provisions shall not be affected thereby.
This chapter may be amended in the same manner as any other ordinance of the municipality, subject to the contractual obligations outlined in the contract between the municipality and the energy recovery facility.
[Amended 7-26-2000 STM by Art. 3]
This chapter shall become effective June 1, 1987, except that provisions dependent upon the energy recovery facility designated herein shall become effective on the date that the energy recovery facility begins commercial operations, provided that the municipality provides notice of commencement the manner required for publication of ordinances. Any person, firm or corporation required to obtain a permit hereunder shall have 60 days from the date of adoption of this chapter to secure such permit, which shall become effective on the date specified therein.