[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.]
GENERAL REFERENCES
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:
Ordinary household, municipal, institutional, commercial and industrial
solid waste including, but not limited to, the following:
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;
Processible portions of commercial and industrial solid waste; and
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."
A commercial hauler who has a contract with the Town to collect and
transport solid waste and/or recyclable materials.
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.
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.
In this chapter, the singular shall include the plural, and masculine
shall include the feminine and the neuter, except where the context indicates
differently.
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.
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.
A.
The Town may
collect acceptable waste and recyclable materials in the Town as provided
in this chapter.
B.
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.
A.
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.
B.
Regulation of commercial haulers.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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:
A.
The name of the property owner and address or legal description
of the property sufficient to confirm its identity or location;
B.
A clear and unequivocal declaration that the property
is in violation of a cited state or local law, regulation or ordinance;
C.
A clear statement that the public body making the declaration
has authority to do so and a citation to that authority;
D.
Evidence that the property owner has been provided notice
of the violation; and
E.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Membership, appointment and procedures.
(1)
Members appointed by Board of Selectmen:
(a)
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.
(b)
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.
(c)
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.
D.
Ex officio members. Each commercial hauler and authorized
commercial hauler may designate one ex officio member to serve on the Committee.
E.
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.
F.
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.
