[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.
ACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
COMMERCIAL BUSINESS
CONTRACT HAULERS
DISPOSAL FACILITY
MUNICIPALITY
TRANSFER STATION
UNACCEPTABLE WASTE
As used in this chapter, the following terms shall
have the meanings indicated:
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]
Demolition or construction debris from roadway
projects.
Liquid wastes or sludges.
Abandoned or junk vehicles.
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.
Dead animals or portions thereof or other pathological
wastes.
Water treatment residues.
Tannery sludge.
Waste oil.
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]
Any person, firm or corporation being paid for hauling solid
waste.
[Added 7-26-2000 STM by Art. 3]
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]
The Town of Alfred, Maine.
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]
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.
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.
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]
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.
[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.
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.
[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.
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.
