The purpose of this article is to:
A. Provide the Town of Shapleigh with a means of overseeing
the activities of waste disposal facilities to ensure that they comply with
regulations the town deems essential to protect the health, safety and welfare
of its residents, pursuant to 30-A M.R.S.A. § 3001.
B. Protect surface and groundwater resources of the Town
of Shapleigh from contaminants which can reasonably be expected to accompany
the activities of waste disposal facilities and thereby to preserve the quantity
and quality of this resource for present and future use.
As used in this article, the following terms shall have the meanings
indicated:
DISPOSAL
The discharge, deposit, injection, dumping, leaking, spilling, incineration
or placing of any solid waste in or on any land or water.
HAZARDOUS WASTE
As defined in 38 M.R.S.A. § 1303-C(15), means a waste substance
or material, in any physical state, designated as hazardous by the Board of
Environmental Protection under 38 M.R.S.A. § 1319O. It does not
include wastes resulting from normal household or agricultural activities.
SOLID WASTE
Useless, unwanted or discarded solid material with insufficient liquid
content to be free-flowing, including but not limited to rubbish, garbage,
scrap materials, junk, refuse, inert fill material and landscape refuse, but
excepting fill material which consists solely of soil and rock.
SPECIAL WASTE
Any waste emanating from sources other than typical domestic and
commercial establishments that is not readily compatible within a waste facility
at which it may be handled. A waste is considered special when it exists in
such an unusual quantity or such a chemical or physical state, or any combination
thereof, as to disrupt or impair effective waste management or threaten public
health, human safety or surrounding natural resources when it is to be handled
at a waste facility that is not appropriately located, designed or operated
to receive such waste.
WASTE
This term shall include hazardous waste, solid waste, special waste,
sludge and septage.
WASTE DISPOSAL FACILITY
Any land area, structure, location, equipment or combination thereof
used for the disposal of waste. A land area or structure does not become a
waste disposal facility solely because:
A.
It is used by its owner for disposing of septage from his residence;
B.
It is used by an individual homeowner or lessee to open-burn leaves,
brush, dead wood and tree cuttings accrued from normal maintenance of their
residential property, when such burning is permitted pursuant to 12 M.R.S.A.
§ 9301; or
C.
It is used by its residential occupant to burn highly combustible domestic
household trash such as paper, cardboard cartons or wood boxes, when such
burning is permitted pursuant to 12 M.R.S.A. § 9301.
The provisions of this article shall be severable, and if any portion
of it shall be held invalid, the remainder of this article and its application
thereof shall not be affected.
If any provision of this article conflicts with any provisions in another
municipal ordinance or state statute, the stricter provision shall apply.
An aggrieved party may appeal any decision under these regulations to
Superior Court.