[HISTORY: Adopted by the Town Meeting of the Town of Madison 6-10-1991; printed as amended 2-24-1992. Subsequent amendments noted where applicable.]
Auto graveyards and junkyards — See Ch. .
Sewage disposal — See Ch. 303.
The following words and terms as used in this chapter shall have the meaning ascribed thereto, unless the context indicates a different meaning:
- ACCEPTABLE WASTE
- Ordinary household, municipal, institutional, commercial and industrial solid waste including, but not limited to, the following:
- A. Garbage, trash, rubbish, paper and cardboard, plastics, refuse, beds, mattresses, sofas, brown goods, white goods, bicycles, baby carriages and automobile or small vehicle tires, to the extent that the facility determines that the air emission criteria and standards to and at the facility are not violated;
- B. Processible portions of commercial and industrial solid waste; and
- C. Wood and lumber, tree limbs, branches, ties, logs and trees, leaves, twigs, grass and plant cuttings, provided that the Town shall not be obligated to deliver or cause to be delivered any of the items listed in this Subsection C to the facility, and further provided that such items may be delivered to the facility by or on behalf of the Town on an irregular basis only and shall represent an insignificant portion of the total waste delivered to the facility by or on behalf of the Town within any calendar year; and notwithstanding any provision to the contrary, unacceptable waste, including hazardous waste, shall not be "acceptable waste" and is explicitly excluded therefrom. Furthermore, any substances which are included as "acceptable waste," but which are later determined to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction, shall not be "acceptable waste" under the terms of this chapter. However, any substances which are not included within the definition of "acceptable waste" because they are considered harmful, toxic, dangerous or hazardous, and which are later determined not to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction, shall be considered "acceptable waste" unless a contrary determination has been or is made by any other governmental agency or unit having appropriate jurisdiction or unless such substances are otherwise considered "unacceptable waste" or "hazardous waste."
- AUTHORIZED COMMERCIAL HAULER
- A commercial hauler who has a contract with the Town to collect and transport solid waste and/or recyclable materials.
- COMMERCIAL HAULER
- Any person, firm, partnership, association, municipality, corporation, or other legal entity licensed by the Town to collect, transport and dispose of solid waste for a fee as herein prescribed.
- COMMERCIAL OR INDUSTRIAL SOLID WASTE AND RECYCLABLE MATERIALS
- Solid waste and recyclable materials generated by a commercial or industrial use or activity.
- The Town of Madison, Maine, Solid Waste Disposal Facility. The facility may consist of more than one site and more than one system of disposal.
- NUMBER and GENDER
- In this chapter, the singular shall include the plural, and masculine shall include the feminine and the neuter, except where the context indicates differently.
- RECYCLABLE MATERIALS
- Newsprint, glass, metal cans, mixed paper, plastic, pressboard and cardboard, which is acceptable waste and from which resources other than energy may be recovered by the Town.
- SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)
- Any land area or structure or combination of land area and structures, including dumps, used for storing, salvaging, recycling, processing, reducing, incinerating or disposing of solid wastes.
The Town may collect acceptable waste and recyclable materials in the Town as provided in this chapter.
The Town may enter into a contract or contracts with one or more commercial haulers, which shall be known as "authorized commercial haulers," for the collection and transport of acceptable waste and recyclable materials from residences in the Town as provided for in this chapter. Any such contract shall specify the frequency of curbside collection of acceptable waste and recyclable materials. Any such contract also shall require the authorized commercial hauler(s) to transport acceptable waste directly to the facility or to such other solid waste disposal facility as designated by the Town and shall require the authorized commercial hauler to transport recyclable materials directly to the party or parties as designated by the Town.
Application. Any person, except commercial haulers, who desires to obtain a residential haulers license shall sign a form stating that a) the solid waste was owned by the person signing the form, b) the person signing the form is a year-round or seasonal resident of the Town, the owner of property located within the Town, or the owner or operator of a commercial or industrial activity located in Town, c) the materials are uncontaminated, and d) person's address and telephone number. The Town shall retain this form.
Regulation of commercial haulers.
Commercial or industrial solid wastes and recyclable materials and commercial hauler's license. It shall be unlawful for any person to haul, transport, collect, remove and dispose of garbage, refuse, recyclable materials, rubbish, white goods or other solid waste generated within the Town over the streets of the Town for a fee without first securing a commercial hauler's license. The Town, upon application and after investigation of information required by the Department of Environmental Protection for a nonhazardous waste transporter's license, may issue a commercial hauler's license for a period of one year, or to the end of the calendar year.
Application. An application for an annual or a limited commercial hauler's license shall contain the following information: a copy of all documents submitted to DEP as required for a nonhazardous waste transporter's license, CMR, Chapter 411.
Place of deposit of solid waste and recyclable materials. The commercial hauler shall deposit acceptable solid waste and recyclable materials at the facility or at any other solid waste disposal facility or facilities as may be designated by the Town Selectmen and shall deposit recyclable materials at a location designated by the Town Selectmen. The dates of unloading, type and quantity of waste, and name and location of the waste facility to which the waste is being transported shall be submitted to Town quarterly.
Residential disposal license. All residents who wish to deliver waste to the place of deposit of solid waste and recyclable materials must display a residential disposal license issued by the Town on their vehicle.
License denial and revocation. Licenses and renewals of licenses shall be denied and any license issued pursuant to the provisions of this chapter shall be revoked by the Town Selectmen upon failure of the licensee to comply with any of the provisions of this chapter, or with any of the regulations of the State of Maine, Department of Environmental Protection, relating to the collection and disposal or garbage, refuse, recyclable materials, rubbish, white goods, and any other solid waste materials.
Term of license. A license shall be good for the calendar year only.
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. In addition to any other violations, he shall submit a declaration to the person. A valid declaration shall consist of:
The name of the property owner and address or legal description of the property sufficient to confirm its identity or location;
A clear and unequivocal declaration that the property is in violation of a cited state or local law, regulation or ordinance;
A clear statement that the public body making the declaration has authority to do so and a citation to that authority;
Evidence that the property owner has been provided notice of the violation; and
A clear statement that the declaration is being submitted pursuant to this chapter.
Any person who shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000, costs of prosecution, and costs of removal of any waste deposited. Each day's continuance of a violation of this chapter shall constitute a separate offense.
If any sentence, clause or section, or part of this chapter is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, or sections or parts of this chapter. It is hereby declared as the intent of the Town that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof, not been included herein.
This chapter shall become effective January 1, 1992.
The Selectmen of the Town shall develop a structure of maximum fees, based upon the Town's experience with solid waste management under this chapter.
The processing fees shall provide incentives for recycling and offset increased handling costs resulting from disposal of nonrecyclable acceptable solid wastes. Fees shall be recommended to the Town Meeting based upon such considerations as volume, type of material and frequency of delivery.
Establishment. There shall be a Solid Waste and Recycling Advisory Committee (hereafter referred to as "Committee") which shall be appointed by the Madison Board of Selectmen.
Purpose. The Committee is responsible for reporting to the Board of Selectmen issues of concern pertaining to the current municipal solid waste and recycling operations.
Membership, appointment and procedures.
Members appointed by Board of Selectmen:
The Committee shall consist of seven Madison residents who shall be responsible to advise the Board of Selectmen for the legal and proper management of the solid waste and recycling program.
The initial appointments shall be of two members to serve until the first regular meeting of the Board of Selectmen in July 1993; of two members to serve until the first regular meeting of the Board of Selectmen in July 1994; and of three members to serve until the first regular meeting of the Board of Selectmen in July 1995.
All subsequent appointments, other than those required to fill unexpired terms of office, shall be for a term of office approximately three years, terms actually expiring at the first regular meeting of the Board of Selectmen in July of the year of expiration.
Ex officio members. Each commercial hauler and authorized commercial hauler may designate one ex officio member to serve on the Committee.
Public involvement. The Committee is authorized and responsible for the establishment, modification, supervision, and disestablishment of such subordinate committees, groups, and teams as that committee may deem necessary; and to appoint and remove volunteers to and from such committees, groups and teams.
Responsibilities of Chairman. The Chairman of the Committee, who shall be elected by that Committee, will, in addition to functioning as Chairman of that Committee, keep the Board of Selectmen advised of any pending activities which may or will have an impact upon the sphere of responsibility of such officials.