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Town of Wells, ME
York County
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[Amended 6-8-2004]
This article is enacted pursuant to the Town's home rule authority and the authority granted to towns 30-A M.R.S.A. §§ 3001, 3002, 3007 and 3351 to 3352 and 38 M.R.S.A. §§ 1304-B and 1305.
A. 
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 for industrial waste and sewage treatment plant sludge pursuant to 38 M.R.S.A. § 1305, Subsection 1. Municipal solid waste contains valuable recoverable resources, including energy, which if recovered may reduce the cost of solid waste disposal. Because energy recovery technology is complex, most energy recovery facilities have high capital costs and long payback periods. To remain cost effective and operate efficiently during their useful lives, energy recovery facilities require a guaranteed steady supply of waste during their entire useful life. Consequently, a municipality that wants to utilize an energy recovery facility for processing municipal solid wastes generally must agree to provide the facility with a steady supply of solid waste for a relatively long period. The Town finds that use of an energy recovery facility to process acceptable solid waste is an environmentally sound and economically viable solution to the solid waste disposal problem and thereby protects the public health, welfare and safety of the citizens of the Town. The Town has entered into or expects to enter into long-term agreements for the disposal of solid waste with the energy recovery facility designated herein.
B. 
The Town will exercise its legal authority to regulate the collection, transportation and disposal of solid waste generated within its borders to promote the handling of solid waste in an environmentally responsible way that protects public health and safety. In addition, the Town will exercise its legal authority to control the storage and disposal of such solid waste delivered to the municipal Transfer Station to deliver a steady supply of waste to the Energy Recovery Facility designated herein. The Transfer Station is a licensed facility, operated by the Town to facilitate the environmentally responsible and cost-effective handling of acceptable waste and demolition debris and interim storage before delivery to designated disposal facilities.
All terms not specifically defined herein or in § 150-3 of this chapter shall have their ordinary meaning. Words used in the present tense include the future, and the singular includes the plural.
ACCEPTABLE WASTE
All solid waste of the type presently accepted at the landfill used by the municipality, including all ordinary household, municipal, institutional, commercial and industrial wastes, with the following exceptions:
A. 
Demolition or construction debris from building and roadway projects or locations;
B. 
Liquid wastes or sludges;
C. 
Abandoned or junk vehicles;
D. 
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, 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;
E. 
Dead animals or portions thereof or other pathological wastes;
F. 
Water treatment residues;
G. 
Tree stumps;
H. 
Tannery sludge;
I. 
Waste oil; and
J. 
Discarded white goods, including but not limited to freezers, stoves, refrigerators and washing machines.
COLLECTION FACILITY
A building or container or designated area in which acceptable waste is deposited and temporarily stored for transshipment to the Energy Recovery Facility, sometimes referred to herein as the "Transfer Station."
DISPOSAL FACILITY
The facility designated by the municipal officers as the storage and/or disposal site for:
A. 
The following types of unacceptable waste:
(1) 
Waste oil; and
(2) 
"White goods," including but not limited to stoves, refrigerators and other household appliances.
B. 
Acceptable wastes which cannot be transferred to the Energy Recovery Facility or an alternate facility designated in accordance with the Town's waste-handling agreement.
ENERGY RECOVERY FACILITY
The facility designated herein which processes and recovers energy and/or useful material from acceptable waste generated in the Town.
UNACCEPTABLE WASTE
The exceptions referenced in Subsections A through J of the definition of "acceptable waste" in this section and all industrial waste and sewage treatment plant sludge.
The Town hereby designates the Maine Energy Recovery Company facility located in Biddeford, Maine, as its Energy Recovery Facility for the purposes cited in this article.
The accumulation, collection, transportation and disposal of acceptable waste and unacceptable waste generated within the Town shall be regulated in the following manner:
A. 
No person, firm, corporation or any other legal entity shall revoke, take away or otherwise transport, for any reason, any waste or any portion thereof deposited at the Wells Transfer Station or at a disposal facility, except as specifically authorized by the municipal officers.
B. 
The municipal officers shall, from time to time, enact regulations and establish fees with respect to depositing and sorting waste at the Transfer Station or Disposal Facility.
C. 
Due to the restrictive nature of the contract between the Town and the Energy Recovery Facility, which places limits on the amount of acceptable waste which may be transported from the Collection Facility to the Energy Recovery Facility at the favorable tipping fee, and because the Town subsidizes the tipping fee paid at the Energy Recovery Facility, the Town accepts only waste generated within the Town of Wells at the Transfer Station. Due to space limitations, the foregoing restriction shall also apply to the Disposal Facility.
D. 
Notwithstanding any other provision of this article, demolition or construction debris from residential building and roadway projects may be deposited at the Disposal Facility by residents of the Town of Wells or their contractors in volumes and in vehicles as permitted by regulation of the municipal officers. A fee for such deposits shall be established by the municipal officers following notice and a public hearing.
[1]
Editor's Note: Former § 150-91, Exempted waste, was repealed 6-8-2004.
This article shall be administered by the municipal officers. Their powers and duties are as follows:
A. 
To adopt reasonable rules and regulations as needed to implement and enforce this article, including but not limited to regulations governing the types and characteristics of vehicles used to transport waste; governing use of the Collection Facility and methods for handling acceptable waste and demolition debris and rejecting unacceptable waste; establishing a procedure for identifying the contractor(s) eligible to haul waste from the Collection Facility to the Energy Recovery Facility and excluding others from hauling to the Energy Recovery Facility on behalf of or under the authorization of the municipality; and for monitoring compliance with this article and regulations adopted to implement it.
B. 
To consider all license applications and to grant or deny each application within 45 days after receipt of a completed application by the Town Clerk 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 article and to impose appropriate penalties therefor after notice and hearing as required by this article.
D. 
To institute necessary proceedings, either legal or equitable, to enforce this article.
A. 
No person, firm or corporation shall accumulate, collect, store, transport or dispose of acceptable waste or unacceptable waste generated within the Town without obtaining a license from the municipal officers, except that a person, firm or corporation that accumulates, stores, transports or disposes of less than two tons per month of its own waste shall not be required by this article to obtain such a license.
B. 
Any person, firm or corporation required by this article to obtain a license shall make application to the Town Clerk, using the form provided and providing the information required. Each application shall be accompanied by a nonrefundable application fee as established by the Board of Selectmen following notice and a public hearing.
C. 
The application shall contain all information required by the municipal officers, including but not limited to the following:
(1) 
A description of the activity engaged in, e.g., collection, transport or disposal of acceptable and/or unacceptable waste; type and amount of waste handled in each service area; a description of the facility operated and used;
(2) 
An inventory of equipment used in the licensed activity, including for vehicles a description of the make, model and year of each vehicle used for the collection or transportation of solid waste; and
(3) 
If engaged in the collection and/or transportation of solid waste, whether the licensee will deliver waste to the Collection Facility or to another facility. If to another facility, the applicant shall specify where the waste will be disposed of and indicate that the facility has the necessary licenses and permits to operate from the jurisdiction(s) in which the facility is located.
All information provided shall be revised annually upon application for license renewal. If the municipal officers determine 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 operating equipment, including vehicles.
D. 
Licenses shall not be transferable. In the event of any emergency or vehicle breakdown, a licensee shall be issued a special license for a satisfactory replacement vehicle upon furnishing of all information required for a licensed vehicle.
E. 
All licenses shall expire one year from the date of issue unless otherwise stated on the license or revoked or suspended sooner in accordance with the provisions of this article.
F. 
Annual license fees shall be established by the municipal officers following notice and a public hearing. There shall be a separate category of license for the collection, transport or disposal of waste at the Collection Facility. The license shall list each vehicle operated within the Town during the license period. License fees shall not be refunded in the event that a license is suspended or revoked for any other reason.
G. 
In the event the municipal officers deny a license 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 § 150-95.
Any license issued may be suspended or revoked by order of the municipal officers after benefit of a hearing in accordance with the procedures in § 150-95 for the following causes:
A. 
Violation of this article.
B. 
Violation of any provision of any state or local law, ordinance, code or regulation which relates to the provisions of this article.
C. 
Violation of any license condition.
D. 
Falsehoods, misrepresentations or omissions in the license application.
A. 
Anyone denied a license or whose license is suspended or revoked pursuant to § 150-94 shall be entitled to a hearing before the municipal officers, if such request is made in writing within 10 days of the denial, suspension or revocation.
B. 
Such hearings shall be held within 30 days after receipt of the written request for a hearing.
C. 
The licensee 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 licensee has the right to be represented by counsel, to offer evidence and to cross-examine witnesses.
D. 
A determination shall be made by the municipal officers within 10 days after the conclusion of the hearing, and notice of the decision shall be served upon the applicant or licensee by certified mail, return receipt requested.
E. 
The municipal officers' final determination relative to the denial or suspension or revocation of a license 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 certified 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 section.
F. 
Any controversy or claim arising out of or relating to the municipal officers' determination shall be directly reviewable by the Superior Court pursuant to Rule 80B of the Maine Rules of Civil Procedure.
A. 
All provisions of this article are enforceable by duly authorized police officers and the municipal officers.
B. 
Any person who violates any provision of this article is subject to arrest and, if convicted, to punishment as provided in § 150-97.
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 certified 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 revocation or suspension pursuant to the provisions of this article.
A. 
Civil penalties. Any person, firm or corporation who or which violates this article or regulations adopted shall be subject to a civil penalty, payable to the municipality, of not more than $200 for each violation. Every day a violation continues after notice thereof shall constitute a separation violation.
B. 
Repeated violations. Any person, firm or corporation who or which violates this article more than once within a thirty-day period or more than three times during the annual license term may be subject to additional penalties, for the second and succeeding violations, in an amount not to exceed $600 for each violation. In addition, the municipal officers shall commence proceedings to consider suspending or revoking the license of a licensee engaging in repeat violations.
The municipal officers may, on written application, grant a waiver from a specific provision of this article in a specific case subject to appropriate conditions where such waiver is in harmony with the general purpose and intent of this article and the agreement between the Town and the Energy Recovery Facility.
The provisions of this article shall supersede all other local laws, ordinances, resolutions, rules or regulations contrary thereto or in conflict therewith.
This article 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.
This article shall become effective upon adoption or amendment. Any person, firm or corporation required to obtain a license hereunder shall have 60 days from the date of adoption or amendment to secure such license or amended license as may be required, which shall become effective on the date specified therein.