This article shall be known as the "Town of Shapleigh, Maine, Solid
Waste Flow Control Ordinance."
This article is enacted pursuant to the authority granted in 30-A M.R.S.A.
§§ 3001, 3351 and 3352 and 38 M.R.S.A. § 1304-B.
In accordance with the provisions of 38 M.S.R.A. § 1304-B, the municipality hereby designates the Maine Energy Recovery Company facility located in Biddeford, Maine as its energy recovery facility for the purposes cited in §
80-10 of this article.
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 generated within the municipality
shall be deposited at a collection facility or directly at the energy recovery
facility.
B. 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 article:
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 municipal officers.
C. Cardboard, paper or other combustible materials which
are separated from acceptable waste by the generator as part of a recycling
program approved by the municipal officers, provided that any such recycling
program shall not reduce the BTU content of acceptable waste below the BTU
level acceptable to the energy recovery facility.
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
enforce this article.
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 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.
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 §
80-18, 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 directly to the provisions of
this article.
C. Violation of any license condition(s).
D. Falsehoods, misrepresentations or omissions in the license
application.
The municipal officers may, on written application, grant a variance
from a specific provision of this article in a specific case subject to appropriate
conditions where such variance is in harmony with the general purpose and
intent of this article and the agreement between the municipality and the
energy recovery facility.
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 on the date that the energy recovery
facility begins commercial operations, provided that the municipality provides
notice of commencement in the manner required for publication of ordinances.
Any person, firm or corporation required to obtain a license hereunder shall
have 60 days from the date of adoption of this article to secure such license,
which shall become effective on the date specified therein.