Town of Gorham, ME - SOLID WASTE FLOW CONTROL

SOLID WASTE FLOW CONTROL ORDINANCE

(Ordinance Relating to the Disposal of Solid Waste Within the Town of Gorham)

Enacted May 5, 1987

Revised February 4, 1992

Amended March 12, 1996

Amended February 4, 2003

ORDINANCE RELATING TO THE DISPOSAL OF SOLID WASTE WITHIN THE MUNICIPALITY OF GORHAM; PRESCRIBING RULES AND REGULATIONS THEREFORE; PROVIDING PENALTIES FOR VIOLATION THEREOF

ARTICLE I. GENERAL

This Ordinance shall be known as and may be cited as the “Ordinance Relating to the Disposal of Solid Waste within the Municipality of Gorham, Maine; Prescribing Rules and Regulations Therefore; Providing Penalties for Violation Thereof” and shall be referred to herein as the “Ordinance”.

The purpose of the Ordinance is to protect the health, safety and general well-being of the citizens of the Municipality, enhance and maintain the quality of the environment, conserve natural resources and to prevent water and air pollution by providing for a comprehensive, rational and effective means of regulating the disposal of solid waste in the Municipality in accordance with the provisions of Title 38 M.R.S.A. Sec. 1304-B and 1305 as amended from time to time.

For the purposes of this Ordinance, the following definitions shall be observed in the construction of this Ordinance.

1.3.1 “Acceptable Waste” Shall mean ordinary household, municipal, institutional, commercial and industrial Solid Waste including but not limited to, the following:

(1) Garbage, trash, rubbish, paper and cardboard, plastics, refuse, beds, mattresses, sofas, refrigerators, washing machines, bicycles, baby carriages and automobile or small vehicle tires, to the extent that Regional Waste Systems, Inc. (RWS) determines that the air emission criteria and standards applicable to and at the RWS Disposal Facility are not violated; and

(2) Processible portions of commercial and industrial Solid Waste; and

(3) Wood and lumber, tree limbs, branches, ties, logs and trees, if no more than four and one-half (4 1/2) feet long and eight (8) inches in diameter, and leaves, twigs, grass and plant cuttings, provided that the Municipality shall not be obligated to deliver or cause to be delivered any items listed in this subpart (3) to the RWS Disposal Facility, and further provided that such items may be delivered to the RWS Disposal Facility by or on behalf of the Municipality on an irregular basis only and shall represent an insignificant portion of the total Waste delivered to the RWS Disposal Facility by or on behalf of the Municipality within any Calendar Year; and

Notwithstanding any provisions to the contrary, unacceptable Waste, including Hazardous Waste, shall not be “Acceptable Waste” and is explicitly excluded therefrom. Furthermore, any substances which as of the date of a certain Waste Handling Agreement between Municipality and Regional Waste Systems, Inc. (RWS) 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 Ordinance. However, any substances which as of the date of said Waste Handling Agreement are not included within the definition of “Acceptable Waste” because they are considered 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”.

1.3.2 “Ashes” shall mean that residue from the burning of wood, coal, code or other combustible material.

1.3.3 “Biomedical Waste” shall mean Waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment.

1.3.4 “Board” shall mean the City or Town Council or Board of Selectmen, whichever is applicable.

1.3.5 “Commercial Refuse Collector” shall mean a person, firm, corporation or other entity that collects, recycles or hauls the Solid Waste of another person, firm, corporation or other entity for a fee.

1.3.6 “Construction and Demolition Debris” shall mean

a) “Construction/Demolition Debris”

c) “Land Clearing Debris” and

all as defined in Chapter 400 of the Maine Department of Environmental Protection Regulations as may be amended from time to time, but excluding Acceptable Waste, Hazardous Waste and such other Solid Waste which the Board may by order or regulation exclude. The term “Construction and Demolition Debris” also shall exclude such items as are listed in Appendix B to the Demolition Materials Handling Agreement and amendments thereto.

1.3.7 “Demolition Materials Handling Agreement” shall mean a certain Demolition Materials Handling Agreement dated August 1, 1989 between the Municipality and RWS.

1.3.8 “Disposal” shall mean the discharge, deposit, dumping, incineration, spilling, leaking or placing of any Hazardous or Solid Waste, sludge or septage into or on any land, air or water so that the Hazardous or Solid Waste, sludge or septage or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

1.3.9 “Hazardous Waste” shall mean a waste substance or material in any physical state, designated as hazardous by the terms of the Waste Handling Agreement and amendments thereto.

1.3.10 “Municipality” shall mean the Town of Gorham.

1.3.11 “Municipal Disposal Facility” shall mean any land or structure or combinations of land area and structures owned or operated by, or under a contract with, the Municipality, including a transfer station or similar facility used in connection with the disposal of Acceptable Waste, whether such facilities are constructed before or after the completion of the RWS Disposal Facilities.

1.3.12 “Person” shall mean any natural person, corporation, partnership, or sole proprietorship, association or other legal entity.

1.3.13 “Public Solid Waste Disposal Facility” or “Public Disposal Facility” shall mean any land or structure or combination of land area and structures, including dumps and transfer stations used for storing, salvaging, including dumps and transfer stations used for storing, salvaging, reducing, incinerating, reclaiming or disposing of Solid Waste; this term shall include the RWS Disposal Facility, the Municipal Disposal Facility and the RWS Construction and Demolition Debris Disposal Facility.

1.3.14 “Resource Recovery” shall mean the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes.

1.3.15 “RWS Disposal Facility” shall mean any land or structure or combination of land area and structures, including dumps and transfer stations owned or operated by or under a contract with Regional Waste Systems, Inc. (“RWS”) and/or any other site designated by RWS or its assignee used for storing, salvaging, reducing, incinerating, reclaiming or disposing of Acceptable Waste pursuant to the Waste Handling Agreement and amendments thereto.

1.3.16 “RWS Construction and Demolition Debris Disposal Facility” shall mean any land or structure or combination of land area and structures, including dumps and transfer stations owned or operated by or under a contract with Regional Waste Systems, Inc. (“RWS”), and/or any other site designated by RWS or its assignee, used for storing, salvaging, incinerating, reclaiming or disposing of Construction and Demolition Debris pursuant to the Demolition Materials Handling Agreement and amendments thereto.

1.3.17 “RWS” or “Regional Waste Systems, Inc.” shall mean Regional Waste Systems, Inc.” , a non-capital stock, non-profit corporation created pursuant to Title 30, Chapter 203 and Title 13, Chapter 81 of the Maine Revised Statutes, or any successor thereto or assignee thereof.

1.3.18 “Solid Waste” shall mean useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including by way of example, and not by limitation, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse but shall not include septic tank sludge nor agricultural, Biomedical or Hazardous Wastes; it shall include Construction and Demolition Debris as defined herein. The fact that a Solid Waste or constituent of the waste may have value or other use or may be sold or exchanged does not exclude it from this definition.

1.3.19 “Unacceptable Waste” shall mean that portion of Waste which is not Acceptable Waste and includes, but is not limited to, sewage and its derivatives, agricultural waste, Biomedical Waste, Construction and Demolition Debris, special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended, and Hazardous Waste.

1.3.20 “Waste” shall mean Solid Waste, Biomedical Waste, Hazardous Waste, agricultural waste and septic tank sludge, and includes both Acceptable and Unacceptable Wastes.

1.3.21 “Waste Handling Agreement” shall mean a certain Waste Handling Agreement dated July 1, 1986 between the Municipality and RWS.

ARTICLE II. PUBLIC SOLID WASTE DISPOSAL FACILITIES

2.1.1 In accordance with the provisions of Title 38 M.R.S.A. Sec. 1304-B, as amended from time to time, the Municipality hereby designates the RWS Disposal Facility at 64 Blueberry Road in Portland, Maine and the Municipal Disposal Facility as its Public Solid Waste Disposal Facility for the depositing and disposal of Acceptable Waste, and, effective upon receipt by the Municipality of notice from RWS of commencement of operations of the RWS Construction and Demolition Debris Disposal Facility, designates the RWS Construction and Demolition Debris Disposal Facility as its Public Solid Waste Disposal Facility for the depositing and disposal of Construction and Demolition Debris. The dumping or depositing by any person at any place other than at the Municipal Disposal Facility or the RWS Disposal Facility of any Acceptable Waste generated within the Municipality is prohibited, and subsequent to receipt by the Municipality of notice from RWS of commencement of operations of the RWS Construction and Demolition Debris Disposal Facility, the dumping or depositing by any person at any place other than the RWS Construction and Demolition Debris Disposal Facility of any Construction and Demolition Debris generated within the Municipality is prohibited; provided, however, the owner of any lot, or any other person with the permission of the lot owners, may deposit or dump inert substances such as earth, rocks, concrete or similar material for fill purposes only, subject to State and local land use regulations.

ARTICLE III. ADMINISTRATION

3.1.1 The Board shall establish by order the rules and regulations governing the availability and use of the designated Public Solid Waste Disposal Facility.

3.1.2 The operation of the designated Public Solid Waste Disposal Facilities shall conform to all pertinent regulations or directives of all local, county, state or federal agencies which may have jurisdiction.

ARTICLE IV. RESTRICTIONS AND FEES FOR DISPOSAL

4.1.1 No person shall dispose upon any land within the corporate limits of the Municipality Solid Waste of any kind generated within the Municipality, unless such land has been designated by the Board as a Public Solid Waste Disposal Facility.

4.1.2 Certain materials may be excluded by order or regulation from that solid waste which may be deposited at a Public Solid Waste Disposal Facility. These excluded materials may include junk automobile bodies and similar bulky waste which may require special processing prior to disposal, burning materials or materials containing hot or live coals; Hazardous Wastes; and other materials which the Municipality deems necessary to exclude. Hazardous Wastes and Biomedical Wastes shall be handled in accordance with Title 38 M.R.S.A. Sec. 1319-0 as amended from time to time.

4.1.3 Except for licensed disposal of Hazardous or Biomedical Wastes, it shall be unlawful for any person, firm or corporation to burn or incinerate within the Municipality any Solid Waste generated within the Municipality other than leaves.

4.1.4 It shall be a violation of this Ordinance for any person to dispose of Solid Waste generated within the Municipality at any location or place other than at a Public Solid Waste Disposal Facility as designated under this Ordinance.

4.1.5 If the Municipality adopts an Order by which it agrees to pay to RWS the tipping fee for disposal of a certain type or types of Solid Waste (i.e., residential, commercial, industrial, or Construction and Demolition Debris), it shall be a violation of this Ordinance for a person disposing of Solid Waste at a Public Disposal Facility to misrepresent to RWS that the Solid Waste is the type for which the Municipality has agreed to pay the tipping fee.

ARTICLE V. RULES AND REGULATIONS

5.1 Authorized Disposal Facility Users

5.1.1 The availability and use of the designated Public Solid Waste Disposal Facilities shall be limited to residents of, or owners of property in, the Municipality and to those residents of any other municipality which may, by mutual agreement, be authorized to use the designated Public Solid Waste Disposal Facilities. As a means of user control, the Municipality may distribute vehicle permits to authorized users which shall be affixed to user vehicle(s). Failure to exhibit such permit shall result in denial of use of the Public Disposal Facility.

5.2 Resource Recover

5.2.1 The Municipality may require Solid Waste to be separated into such categories as may be established by Municipal regulation and disposed of only in such manner and at such sites and locations as designated.

5.3.1 Any Solid Waste generated within the boundaries of the Municipality shall become the property of the Municipality or Regional Waste Systems, Inc. pursuant to the terms of said Waste Handling Agreement and Demolition Materials Handling Agreement and amendments thereto. No one shall salvage, remove, or carry off any such Solid Waste without prior approval of the Municipality and RWS.

ARTICLE VI. LICENSING

Part A. Commercial and Residential Refuse Collectors

6.1 No Commercial or Residential Refuse Collector shall collect, recycle, or haul Solid Waste generated within the boundaries of the Municipality without first obtaining an annual license therefor as provided herein in Part A.

All licenses shall expire on August 1, unless revoked or suspended pursuant to Section 6.6.

All renewal licenses shall be applied for by June 1 and if granted, will be effective on August 1. Any person applying for a license shall provide satisfactory proof of irrevocable liability insurance with the Town of Gorham named as an additional insured in the amount of $1,000,000.

6.2 Any person wishing to obtain a Commercial or Residential Refuse Collector License shall present a written application therefor on a form provided by the Municipality, accompanied by payment of a fee to be set by the Town Council by order and evidence of a waste hauling agreement between the applicant and RWS for disposal of Gorham solid waste collected or transported by the applicant from the date taht the application is filed and throughout the upcoming license year. A Commercial or Residential Refuse Collector License shall be issued by the Municipality’s Clerk (the "Issuing Authority"). All fees collected shall be for the use of the Municipality.

For the licensing year commencing on August 2, 2003 and for each subsequent year thereafter, the applicant for a Commercial Refuse Collector license must submit the written application and all required supporting documentation, including but not limited to the valid existing contract with RWS on or before March 1 immediately preceding the commencement of the license year.

6.3 An application for a Commercial or Residential Refuse Collector License shall contain the following information:

6.3.1 Applicant’s name;

6.3.2 Applicant’s residence;

6.3.3 Address of the applicant’s place(s) of business;

6.3.4 If the applicant is a corporation, the names and addresses of each of its directors and officers;

6.3.5 A description of the vehicles and equipment to be used, including the make, model, year of manufacture and license plate number of said vehicles and equipment; and

6.3.6 Whether applicant will be collecting, recycling or hauling Solid Waste generated by residences, by commercial activities or uses and/or by industrial activities or uses; if the applicant intends to collect, recycle or haul Solid Waste generated by commercial and/or industrial activities or uses, the applicant shall describe the location of any dumpster(s) or other container(s) used by the commercial or industrial activity or used to store solid waste along with the serial number, if any, on such dumpster(s) or container(s). No later than the 15th day of each month, each licensed Commercial or Residential Refuse Collector shall provide the Issuing Authority with updates for the previous month of the application information required by this paragraph 6.3.6

6.3.7 A copy of the haulers current license with the Maine Department of Environmental Protection.

6.3.8 A copy of the current waste hauling agreement with RWS, as required by Section 6.2.

6.4 A copy of each Commercial or Residential Refuse Collector License issued and of each application thereof and of each monthly update shall be sent by the Municipality to RWS. Upon issuing a license hereunder, the Municipality also shall issue to the Commercial or Residential Refuse Collector for each vehicle to be used by it a numbered sticker, provided by RWS, and shall inform RWS of the number on the sticker assigned to the Commercial or Residential Refuse Collector; provided, however, that if the licensed Commercial or Residential Collector already has a numbered sticker because it has obtained a current Commercial or Residential Refuse Collector License from another RWS Municipality, the Issuing Authority shall not issue another numbered sticker but shall note on the Commercial Refuse Collector or Residential License the Municipality that issued such license and the number on the sticker issued by the Municipality. A licensed Commercial or Residential Refuse Collector shall affix this numbered sticker to the lower left-hand corner of the front windshield of each vehicle owned or operated by it. RWS shall refuse to accept Solid Waste from vehicles lacking this numbered sticker.

6.5 All licensed Commercial or Residential Refuse Collectors shall comply with such rules and regulations as the Town Council may adopt by order from time to time; failure to comply with such rules and regulations shall be a violation of this Ordinance. Each Licensed Commercial Refuse Hauler shall send RWS a copy of each Category A manifests that it provides to the Department of Environmental Protection pursuant to Chapter 411, Section 6 of the Department’s Rules as amended from time to time.

6.5.1 All licensed Commercial or Residential Refuse Collectors must pay all invoices from Town of Gorham within fourteen (14) days or the Town may charge interest to the unpaid portion of the invoiced amount in an amount not to exceed maximum interest rate allowed in the then current year for municipal real estate taxes. If an invoice or any portion thereof, remains unpaid after four months, violation of the license shall exist and the licensed Refuse Collector will be subject to penalties under section 6.6 including the possibility of license suspension and revocation.

6.6 License Denial, Revocation or Suspension

6.6.1 Licenses and renewals of licenses issued under Section 6.1 through 6.4 hereunder may be denied, revoked or suspended by the issuing Authority as follows:

6.6.1.1 The first violation by a licensed Commercial or Residential Refuse Collector of any provision or provisions of this Ordinance shall result, in addition to any penalty or relief that the Municipal may seek under Paragraph VII of this Ordinance, in a thirty (30) day suspension of that Commercial or Residential Refuse Collector’s License, or if on the date of the first violation, said license shall expire in less than thirty (30) days, the revocation of said license.

6.6.1.2 The second violation, at any time, by licensed Commercial or Residential Refuse Collector of any provision or provisions of this Ordinance shall result, in addition to any penalty or relief the Municipality may seek under Paragraph VII of this Ordinance, in a six (6) month suspension of that Commercial Refuse Collector’s license or, if on the date of the second violation, said license will expire in less than six (6) months, the revocation of said license.

6.6.1.3 The third violation, at any time, by a licensed Commercial or Residential Refuse Collector of any provision or provisions of this Ordinance shall result, in addition to any penalty or relief the Municipality may seek under Paragraph VII of this Ordinance, in revocation of that Commercial or Residential Refuse Collector’s license and in the denial of Commercial and Residential Refuse Collector’s licenses to that person for subsequent calendar years unless and until the Town Council determines that the Commercial or Residential Refuse Collector may be allowed to apply for and receive all licenses under this Ordinance due to a change in the person’s circumstances since the time of the third violation; provided, however, that any further violation shall result in the revocation of the Commercial or Residential Refuse Collector’s license and the barring of that Commercial or Residential Refuse Collector from applying for a license under this Ordinance in subsequent calendar years.

6.6.1.4 No Commercial or Residential Refuse Collector’s license may be suspended or revoked unless there first has been a hearing before the Issuing Authority, with seven (7) days’ prior written notice to the Commercial or Residential Refuse Collector.

6.6.2 Decision of the Issuing Authority may be appealed to the Board of Appeals within ten (10) days after receipt of written notice of the Issuing Authority’s decision, and seven (7) days’ prior written notice of a hearing on such an appeal shall be given to the Commercial or Residential Refuse Collector or applicant. The taking of an appeal to the Board of Appeals shall not stay the Issuing Authority’s decision or any denial, revocation or suspension of a Commercial or Residential Refuse Collector’s license ordered by the Issuing Authority.

6.6.3 The Municipality shall inform RWS immediately in writing whenever it denies, suspends, or revokes a Commercial or Residential Refuse Collector’s License hereunder.

Part 3. Construction and Demolition Debris

6.7 Effective upon receipt by the Municipality of notice from a licensed facility of commencement of operations of a Construction and Demolition Debris Disposal Facility, all persons who obtain a building or demolition permit from the Municipality shall be required to simultaneously obtain a Construction and Demolition Debris Disposal Facility Permit from the Issuing Authority as provided herein in Part E. Prior to issuing a building or demolition permit, the municipal building inspector or code enforcement officer shall inspect the premises for which the building or demolition permit is proposed to be issued to determine whether hazardous or special wastes are present on the premises; if hazardous or special wastes are present on such premises, the parties seeking to obtain the building or demolition permit shall furnish the Municipality with evidence of lawful disposal of such hazardous or special wastes prior to issuance of the building or demolition permit and Construction and Demolition Debris Disposal Facility Permit. This Permit shall be valid for the calendar year in which it is issued, and shall authorize the person to whom it is issued to dispose of Construction and Demolition Debris from the premises for which the building or demolition permit is issued at the licensed Construction and Demolition Debris Disposal Facility for a fee or fees to be set by the Town Council by order; however, the Issuing Authority, in addition to any penalty or relief the Municipality may seek under Paragraph VII of this Ordinance, shall revoke this Permit for violation of this Ordinance. The licensed facility shall refuse to accept Construction and Demolition Debris from persons who lack a Construction and Demolition Debris Disposal Facility Permit.

6.7.1 No Construction or Demolition Debris Disposal Facility Permit may be revoked unless there first has been a hearing before the Issuing Authority, with seven (7) days’ prior written notice to the Permit holder.

6.7.2 Decision of the Issuing Authority may be appealed to the Board of Appeals within ten (10) days after receipt of written notice of the Issuing Authority’s decision, and seven (7) days’ prior written notice of a hearing on such an appeal shall be given to the Construction and Demolition Debris Disposal Facility permit holder. The taking of an appeal to the Board of Appeals shall not stay the Issuing Authority’s decision or the revocation of a construction and demolition Debris Disposal Facility Permit ordered by the Issuing Authority.

ARTICLE VII. PENALTIES

7.1 Whoever violates any of the provisions of this ordinance shall be punished by a fine of not not less than Three Thousand Dollars ($3,000) for the first violation and not less than Five Thousand Dollars ($5,000) for the second and subsequent violations plus costs which fine shall be recovered on complaint to the use of the Municipality. Each day upon which any continuing violation of any provisions of this ordinance shall occur shall constitute a separate violation, and each incident of disposal of Solid Waste in violation of this ordinance shall constitute a separate violation. In addition, the Municipality may seek equitable relief, including but not limited to injunctive relief indemnification of the Municipality’s liquidated damages to RWS, and attorney’s fees and costs to ensure compliance with the terms of this ordinance.

ARTICLE VIII. MISCELLANEOUS

8.1 It shall be the duty of the Town Council or its designee to enforce the provisions of this ordinance.

8.2 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

8.3 If any section, subsection, sentence or part of the ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.