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.
[Amended 7-26-2000 STM by Art. 3; 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]
(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.
[Added 7-26-2000 STM by Art. 3]
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.
[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.
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.