The purpose of this chapter is to provide the means of handling all
waste generated within the Town of Topsham, Maine. Consideration is given
to the safety and welfare of the citizens of Topsham and to the goal established
by the State of Maine, namely to recycle a minimum of fifty percent (50%)
of the solid waste as generated.
This chapter is adopted pursuant to home rule powers as granted by Article
VIII-A of the Maine Constitution, 30-A M.R.S.A. § 3001 et seq. and
38 M.R.S.A. §§ 1305 and 1310-A.[1]
[1]
Editor's Note: 38 M.R.S.A. § 1310-A was reallocated
to § 1319-P by Chapter 517 of the Laws of 1987.
As used in this chapter, the following terms shall have the meanings
indicated. See the Maine Revised Statutes Annotated (M.R.S.A.) for applicable
State of Maine statutes.
See "hazardous waste."
A commercial enterprise located within the boundaries of Topsham.
Anyone in the business of transporting solid waste(s) and/or recyclables.
A mixture of various decaying organic substances such as dead leaves,
grass clippings, wood chips, etc., used for horticulture.
Any waste wood, bricks, masonry, asphalt shingles, sheet rock and
other similar material.
The discharge, dumping, spilling, leaking or placing of any materials
into or on the land, water or atmosphere.
Any agent or substance or combination of substances that can cause
an explosion when burned or compressed.
Any nonrecyclable organic waste other than sewage, hazardous waste
and medical waste.
A waste substance or material, in any physical state, designated
as hazardous by the Board under 38 M.R.S.A. § 1319-0. It does not
include waste resulting from normal household or agricultural activities.
Any amount of waste which is on fire or presents a fire hazard when
delivered to the solid waste facility.
See "hazardous waste."
The owner and any lessees and tenants of the owner.
Any individual, any person, firm, partnership, association, corporation
or organization of any kind whatsoever.
See "hazardous waste."
Any solid waste material/item that can be separated and reused, as
determined by the Town Manager.
See "solid waste" below.
Any person who is domiciled within the Town of Topsham.
See "solid waste" below.
With respect to carrying waste in/on vehicles shall mean the use
of sufficient cover to adequately and safely contain the load while being
transported within the Town of Topsham.
Human or animal excrement and liquid waste and wastewater containing
animal, vegetable or mineral matter in suspension (see "hazardous waste").
Useless, unwanted or discarded solid material with insufficient liquid
content to be free flowing, including, by way of example and not by limitation,
rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape
refuse, but shall not include septic tank sludge or agricultural wastes.
The land area, structures, facilities and equipment owned and/or
operated by the town, used for storing, recovering, salvaging, processing,
reducing, composting, collecting and disposing of solid wastes.
The Town of Topsham, Sagadahoc County, Maine, United States of America.
Any petroleum-based lubricants not containing fuels and solvents.
Any appliance, including but not limited to refrigerators, freezers,
washing machines, gas or electric clothes dryers, dishwashers, air conditioners,
fans, gas or electric cooking stoves and wood stoves.
A.
Enforcement of this chapter is the responsibility of
the Topsham Police Department and the Board of Selectmen.
B.
Any person found in violation of this chapter shall be
subject to a civil penalty in an amount not less than fifty dollars ($50.)
nor more than five hundred dollars ($500.) for each offense, except that the
minimum penalty for a second offense within a twelve-month period shall not
be less than two hundred fifty dollars ($250.). If agreed by all parties,
public service time may be scheduled in lieu of a monetary fine. Any commercial
hauler that is found to be in violation for a second time within a twelve-month
period shall also have his permit revoked by the Selectmen for a minimum period
of (3) three months. All fines collected under this chapter shall inure to
the town.
The provisions of this chapter are severable, and if any provisions
or parts thereof shall be held invalid, unconstitutional or inapplicable to
any person or circumstance, such invalidity, unconstitutionality or inapplicability
shall not affect nor impair the remaining provisions of this chapter.
The effective date of this chapter shall be May 1994.
