[Adopted 8-4-1987 STM by Art. 3]
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.
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, 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.
B.
The municipality must exercise its legal authority to
control the collection, transportation and disposal of solid waste generated
within its borders to ensure delivery of a steady supply of waste to the energy
recovery facility designated herein. The municipality 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 municipality.
A.
All terms not specifically defined herein shall have
their ordinary meaning; 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)
(9)
COLLECTION FACILITY
DISPOSAL FACILITY
ENERGY RECOVERY FACILITY
MUNICIPALITY
UNACCEPTABLE WASTE
Definitions. As used in this article, the following terms
shall have the meanings indicated:
All solid wastes 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:
Demolition or construction debris from building and roadway projects
or locations.
Liquid wastes or sludges, including tannery sludge.
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 action promulgated or taken with respect thereto.
Dead animals or portions thereof.
Water treatment residues.
Tree stumps.
Waste oil.
Discarded white goods, including but not limited to freezers, stoves,
refrigerators and washing machines.
A building or container in which acceptable waste is deposited for
transshipment to the energy recovery facility.
The facility(ies) designated by the municipality as the storage and/or
disposal site(s) for unacceptable wastes.
The facility designated herein which processes and recovers energy
and/or useful materials from acceptable waste generated in the municipality.
The Town of Shapleigh, Maine.
All solid waste not designated as acceptable waste if not generated
by an industrial source.
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:
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.
A.
No person, firm or corporation shall accumulate, collect,
store, transport or dispose of acceptable waste or unacceptable waste generated
within the municipality without obtaining a license from the municipal officers,
except that a person, firm or corporation that accumulates, collects, stores,
transports or disposes of less than one ton per month of its own waste shall
not be required by this section to obtain such a license.
B.
Any person, firm or corporation required by this article
to obtain a license shall make application to the municipal officers, providing
the information required. Each application shall be accompanied by a nonrefundable
application fee of $100.
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, transport or disposal of acceptable
and/or unacceptable waste, type(s) and amount of waste handled in each service
area, a 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,
which information shall be revised annually upon license 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 of any changes in or
additions to equipment, including vehicles.
D.
Licenses shall not be transferable. In the event of an
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.
The annual license fee shall be $25 for each vehicle
licensed or $25 for each applicant licensed for activities not involving the
transport of solid waste. License fees shall be prorated based upon the number
of months for which the license is issued. License fees shall not be refunded
in the event that a license is suspended or revoked.
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.
Anyone denied a license or whose license is suspended or revoked pursuant to § 80-17 shall be entitled to a hearing before the municipal officers, if such request is made in writing within five days of the denial, supervision 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 registered 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 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 article.
F.
Any controversy or claim arising out of or relating to
the municipal officers' determination shall be directly reviewable by
Superior Court pursuant to the Maine Rules of Civil Procedure, Rule 80B.
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 § 80-20.
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 revocation or suspension pursuant to the provisions of this article.
A.
Criminal penalties. Any person who violates this article
shall be guilty of a Class E crime for each violation.
B.
Civil penalties. Any person, firm or corporation who
violates this article 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 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.
A.
The provisions of this article shall supersede all other
local laws, ordinances, resolutions, rules or regulations contrary thereto
or in conflict therewith.
B.
The provisions of this article shall be severable, and
if any phrase, clause, sentence or provision, or the application thereof to
any person or circumstance, shall be held invalid, the reminder of this article
and the application thereof shall not be affected thereby.
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.
