Town of Waterboro, Maine


	TOWN OF WATERBORO SOLID WASTE DISPOSAL & CONTROL ORDINANCE SECTION I: TITLE This ordinance shall be known and may be cited as, “SOLID WASTE DISPOSAL & CONTROL ORDINANCE” of the Town of Waterboro, Maine.” SECTION II: GENERAL STATEMENT OF PURPOSE & AUTHORITY A. Declaration of Policy This Ordinance is designed to control solid waste material in the Town of Waterboro, Maine by providing for the establishment and enforcement of rules and regulations, establishing limitations, prohibiting certain acts causing solid waste disposal problems and providing for fines and or suspension of Transfer Station usage privileges for violation of the provisions of this ordinance. This ordinance, when enacted, will not rescind the existing ordinances as adopted: a. Bait/Animal Carcass Disposal ordinance adopted April 25, 2003 b. Town of Waterboro, Maine Hazardous Waste Ordinance adopted March 8, 1986 and amended March 14, 1987 and June 3, 1995. This ordinance, when enacted, will supersede and rescind the following ordinances and/or policies: a. Town of Waterboro Stump Dump Segregation Ordinance adopted September 27, 1988. b. Transfer Station/Stump Dump Policies as adopted by the Waterboro Board of Selectmen effective March 31, 1992. c. Waterboro Solid Waste Management Ordinance as passed November 8 2005. B. Authority for this Ordinance is Maine Revised Statutes Annotated Title 38, Section 1305. SECTION III: ADMINISTRATION & REGULATION A. The Board of Selectpersons is hereby granted authority to establish detailed operating rules and regulations for all municipal solid waste collection and disposal facilities. The rules and regulations shall be reviewed and revised as required to satisfy the needs of the municipality, changes in state and federal laws and regulations and the economics of municipal solid waste disposal. The rules and regulations shall include the operating hours of the Waterboro Transfer Station. No person shall use the Waterboro Transfer Station outside of said hours of operation without specific written consent of the Waterboro Board of Selectpersons or its authorized agent, the Waterboro Transfer Station Manager. The rules and regulations will become effective upon adoption by the Board of Selectpersons. Currently effective rules and regulations shall be prominently displayed at the Waterboro Transfer Station and on file at the Waterboro Town Office. B. The use of the Waterboro Transfer Station by any person shall be at the strict direction of the attendants designated by the Board of Selectpersons/Transfer Station Manager. No person shall violate any directives put forth by the manager and attendants in the use of the facility. If any person refuses to obey a directive of the manager or attendants, the manager and attendants shall have the authority to immediately refuse access to the Waterboro Transfer Station to that person. C. No hazardous waste shall be delivered to the Waterboro Transfer Station (reference the Town of Waterboro, Maine – Hazardous Waste Ordinance adopted March 8, 1986 and amended March 14, 1987 and June 3, 1995). D. The operation of the Waterboro Transfer Station and Recycling Facility shall conform to all regulations and directives of all local, county, state, or federal agencies that may have jurisdiction. E. No industrial or commercial waste which creates a problem of disposal by virtue of federal, state or local statutes, rules, regulations, etc. controlling or prohibiting its disposal shall be delivered to the Waterboro Transfer Station. F. The Waterboro Transfer Station is operated solely for the benefit of Waterboro residents and taxpayers. Admission to the Facility will be by permit only. Waterboro residents and taxpayers will be issued permits upon application to the Transfer Station Office or the Waterboro Town Office. Cost of said permit shall be in accordance with the Town of Waterboro Waste Disposal, Recycling Fee Schedule. Residents and taxpayers must display a permit on their vehicle to gain access to the Waterboro Transfer Station. Resident and non-resident commercial haulers must obtain a permit for each vehicle accessing the Waterboro Transfer Station. Permits may be revoked by the Board of Selectpersons, following notice of hearing, for violations of this Ordinance or Rules and Regulations. Permits shall be renewed annually on or before July 1. Cost shall be in accordance to the Town of Waterboro Waste Disposal, Recycling Fee Schedule. G. It shall be the responsibility of the Transfer Station Manager to keep all solid waste records up to date. Each year the manager shall submit two different solid waste reports to the State of Maine. One is the municipal solid waste management/recycling report to the State Planning Office (SPO), as required by 38 MRSA Section 2133.7. The other is the town’s solid waste transfer station annual report to the Department of Environmental Protection (DEP), as required by 38 MRSA Section 1310-N.6.D. Included with the DEP Report it is the responsibility of the manager to submit any changes to the Waterboro Transfer Station Operations Manual along with a revised plot plan showing any effect these changes have on the overall operation of the facility. The Waterboro Transfer Station will be run in accordance with all applicable local, state and federal laws that pertain to the overall operation of the facility. SECTION IV: SOLID WASTE DISPOSAL STANDARDS & REGULATIONS A. All household waste should have the following commodities separated out when brought to the Waterboro Transfer Station. 1. Glass 2. Cans (All steel and aluminum cans shall be separated) 3. Newspaper, magazines, cardboard, paperboard, books, catalogues, office paper, and junk mail. 4. Plastics number 1 through 7. The following commodities shall not be included in your household waste. 1. Metals 2. Construction debris 3. Demolition and Bulky debris to be land-filled 4. Trees, brush, and limbs 5. Leaves, grass clippings, sawdust, hay, straw, manure, and non-woody plant material. B. All residential household waste shall be delivered to the Waterboro Transfer Station in polyethylene or plastic P.V.C. bags. C. All disposal of waste, other than household waste, within the Facility will be checked in with the facility Manager or Attendant and paid for prior to being allowed to unload. D. The Facility may be used by other municipalities, if there is a mutually agreed upon executed contract approved by the Boards’ of Selectpersons, for the disposal of any waste excluding household waste. Fees are to be in accordance with the Town of Waterboro Waste Disposal, Recycling Fee Schedule. E. Any waste accepted at or within any portion of the Waterboro Transfer Station and Recycling Facility owned by the Municipality shall become the property of the Municipality. No person, business, or other entity shall salvage, remove or carry off any such waste, or engage in other Resource Recovery, without prior approval of the Transfer Station Manager or any other authorized representatives of the Municipality. SECTION V: DEFINITIONS In this ordinance the following terms shall have the following meanings: “Attendant” is any person employed or appointed by the Town of Waterboro to supervise the solid waste facility and operate any necessary equipment. “Facility” is the Town of Waterboro Transfer Station and Recycling Facility. The facility may consist of more than one (1) site and more than one (1) system of disposal. “Hazardous Waste” is any waste which the federal government and or the state government have determined to be hazardous in composition. “Person” means any person, firm, partnership, association, corporation or organization of any kind whatsoever, and the agents of any of them. “Manager” is a person who is employed by the town to supervise the attendants and oversee the day to day operation of the Waterboro Transfer Station and Recycling Facility. SECTION VI: LITTER CONTROL & PENALTIES A. Prohibited acts, and enforcement for any unlawful actions shall be controlled by laws in MRSA Title 17, Chapter 80, and subsection 2261 through subsection 2276, “Litter Control”. B. Penalties for illegal disposal of refuse shall be assessed as described in MRSA Title 38 Chapter 2 subsections 349 “Penalties”. In addition, Transfer Station privileges for violators of this ordinance may be in the form of suspension from the use of the facility: 1^st Offense - 30 - Day Suspension of Transfer Station Privileges 2^nd Offense - 6- Month Suspension of Transfer Station Privileges 3^rd Offense - 1-Year Suspension of Transfer Station Privileges Section VII: VALIDITY & CONFLICT OF ORDINANCES A. The invalidity of any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance shall not be held to invalidate any other section, subsection, paragraph, sentence, clause, phrase, or word of this ordinance; and to this end, the provisions of this ordinance are hereby declared to be severable. B. In any case where a provision of this ordinance is found to be in conflict with a provision of any other ordinance or code of the Town of Waterboro existing on the effective date of this ordinance, the provisions which establishes the higher standard for the promotion and protection of health and welfare for the community shall prevail. Dated ___________________________ Chairman Selectman Selectman Selectman Selectman