[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.
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.