Town of Madison, ME
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Madison 6-10-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 327.
The regulations set forth in this chapter are adopted to:
A. 
Provide for the protection of groundwater and surface water quality through the control of radioactive waste handling, storage or disposal; and
B. 
Protect the health, safety and welfare of the citizens of Madison.
A. 
Authority. this chapter is adopted pursuant to Home Rule powers as provided for in Article VIII, Part 2, of the Maine Constitution and 30-A M.R.S.A. § 3001.
B. 
Administration. The Board of Selectmen of the Town of Madison shall administer this chapter.
A. 
Waste defined as radioactive waste materials by 38 M.R.S.A. § 1451, Subsections 6 and 11, within the boundaries of the Town limits are prohibited.
B. 
Any request for an exception to the prohibition shall be submitted in writing to the Board of Selectmen and brought to the whole Town of Madison, acting as a body politic, to be voted on by all registered voters. Any person intending to construct or operate any temporary or permanent radioactive waste repository shall, at least one year prior to commencing any construction or operation, notify the Town officials in writing of said intent and of the nature and location of the facility, together with any other information the Board of Selectmen may require.
An aggrieved party or landowner may appeal a decision to Superior Court within 30 days from the final decision in accordance with Rule 80B of the Maine Rules of Civil Procedure.
This chapter may be amended by a majority vote of the voters of the Town. Amendments may be initiated by a majority vote of Town voters or on petition of 10% of the votes cast in the last gubernatorial election in the Town. The Selectmen shall conduct a public hearing on any proposed amendment.
Any testing or drilling pertaining to the siting of a high/low level nuclear waste repository within the Town limits of Madison will be prohibited. Any request for exception to this section shall be handled under § 294-3B of this chapter.
A. 
Nuisance. Any violation of this chapter shall be deemed a nuisance.
B. 
Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. A copy of such notice shall be submitted to the Board of Selectmen.
C. 
Legal actions. When the above action does not result in the correction or abatement of the violation or nuisance condition, the Board of Selectmen, upon notice from the Code Enforcement Officer, is hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violators and imposition of fines, that may be appropriate or necessary to enforce the provisions of this chapter in the name of the Town. The Board of Selectmen, or its authorized agent, is hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this chapter and recovering fines without court action.
D. 
Fines. Any person who orders or conducts any activity in violation of this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.