JAY RECYCLING AND WASTE DISPOSAL ORDINANCE

ENACTED: November 22, 1993

AMENDED: April 29, 2002

This edition contains ordinance amendments through First Ordinance amending the Jay Recycling and Waste Disposal Ordinance enacted April 29, 2002
JAY RECYCLING AND WASTE DISPOSAL ORDINANCE

PART

1. GENERAL PROVISIONS

2. DEFINITIONS

3. PROHIBITION

4. FLOW CONTROL

4A. DISPOSAL OF ASH IN THE TOWN OF JAY FOR CERTAIN TYPES OF ASH

4B. DISPOSAL OF CONSTRUCTION/DEMOLITION DEBRIS IN THE TOWN OF JAY

5. OPERATIONS

6. PENALTIES AND ENFORCEMENT

PART 1

GENERAL PROVISIONS

Section 101 SHORT TITLE

This Ordinance shall be known and may be cited as the “Jay Recycling and Waste Disposal Ordinance”.

Section 102 PURPOSES AND POLICIES

The Town of Jay has enacted this Ordinance for the purpose of protecting the public health, safety and welfare of the inhabitants of the Town of Jay and for protecting and enhancing the Town of Jay’s environment. This Ordinance is intended to provide comprehensive regulations governing the separation of Recyclable Materials from Waste and the Disposal of Waste generated within the Town of Jay. The purpose of Segregating all Waste is to conserve those materials that can be re-used. In so doing, the Town of Jay will reduce the amount of material to be transferred to Disposal or waste to energy facilities and reduce the cost of disposal or waste to energy facilities and reduce the cost of Disposal of Waste Generated within the Town of Jay. This Ordinance shall be liberally construed to effectuate its purposes and policies.

Section 103 AUTHORITY

This Ordinance is enacted pursuant to Article VIII Part Second of the Constitution of the State of Maine and the Laws of the State of Maine, including, without limitation: 30-A M.R.S.A. Section 3001 and 38 M.R.S.A. Sections 1304-B and 1305.

Section 104 TERRITORIAL APPLICATION

This Ordinance applies to all Persons Disposing and Generating Waste within the Town of Jay or using the Transfer Station and Recycling Facility.

Section 105 SEVERABILITY

A. If any provision or section of this Ordinance, or the application thereof to any Person or circumstance, is held void or invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect in whole or in part without the invalid provision or application, and to this end each provision of this Ordinance is declared to be severable and independent. It is the intent of the Town of Jay that each and every part, clause, paragraph, section and subsection of this Ordinance be given effect to the degree possible.

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 Jay the provision which established or establishes the higher standard for the promotion and protection of health and welfare for the community shall prevail.

Section 106 EFFECTIVE DATE

This Ordinance shall be effective upon its enactment at the special Town Meeting on November 22, 1993.

Section 107 REPEALER

The Jay Waste Disposal Ordinance enacted June 18, 1990 and the Jay Solid Waste Source Separation Ordinance for recycling enacted March 19, 1990 are hereby repealed and replaced by this Ordinance.

PART 2

DEFINITIONS

Section 201 DEFINITIONS

Subject to additional definitions contained in the subsequent Parts of this Ordinance and unless the context otherwise requires, in this Ordinance the following terms have the following meanings (such definitions to be equally applicable to all parts of speech and to both the singular and plural forms of the terms defined):

Acceptable Liquid Waste. “Acceptable Liquid Waste” means the collective reference to Liquid Wastes that are Specially Approved Waste and Reclaimable Liquid Waste.

Acceptable Solid Waste. “Acceptable Solid Waste” means all damaged Recyclable Materials, ordinary household, municipal, institutional, commercial and industrial Waste, consisting primarily of garbage, trash, rubbish, refuse that is disposed of by or collected from residential, commercial, institutional, industrial establishments within the Town of Jay. Acceptable Solid Waste excludes the following items: Recyclable Materials, Other Solid Waste, Specially Approved Waste, Reclaimable Materials, Unacceptable Solid Waste and Liquid Waste.

In the event the Town of Jay is Disposing of Acceptable Solid Waste at a waste-to-energy facility then this definition is amended to state that:

i. This material shall consist primarily of combustible materials capable of being processed and incinerated at a waste to energy facility;

ii. Any material which could cause jam—ups, slow downs, stoppage, failure or damages to the waste to energy facility shall not be included as Acceptable Solid Waste; and

iii. Any material that is not acceptable to the waste to energy facility shall not be included as Acceptable Solid Waste.

Agricultural Activity. “Agricultural Activity” means the growing of vegetables, fruits, seeds, nursery crops, poultry, livestock, field crops, cultivated or pasture hay and farm woodlot products, including Christmas trees or similar activities.

Agricultural Waste. “Agricultural Waste” means Solid or Liquid Wastes which result from Agricultural Activities and which are returned to the soils as fertilizers. Agricultural Waste is a Reclaimable Material.

Asbestos. “Asbestos” means a group of natural1y occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including but not limited to chrysoltile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. Asbestos is considered as Unacceptable Solid Waste.

Ash. “Ash” means the residue remaining after the combustion of a material such as coal, wood, oil, Burnable Construction Debris, Hot Loads, Wood Waste, or Vegetative Waste. Ash is considered an Unacceptable Solid Waste unless it is a Specially Approved Waste.

Authorized Hauler. “Authorized Hauler” means a Person who has a contract with the Town of Jay or an Authorized Municipalities to transport Processible Solid Waste and Acceptable Liquid Waste to the Transfer Station and Recycling Facility for Persons generating such waste within the Town of Jay or within the Authorized Municipality.

Authorized Hauler’s Vehicle. “Authorized Hauler’s Vehicle” means a vehicle approved by the Town of Jay and/or Authorized Municipality to deliver Processible Solid Waste and Acceptable Liquid Waste to the Transfer Station and Recycling Facility.

Authorized Municipality. “Authorized Municipality” means a municipality which has an existing contract with the Town of Jay for the Disposal of Processible Solid Waste and Acceptable Liquid Waste.

Authorized Resident. “Authorized Resident” means a Person who resides in the Town of Jay or conducts business in the Town of Jay and who has obtained a permit from the Town of Jay or is an Authorized Resident of an Authorized Municipality to deliver Processible Solid Waste and Acceptable Liquid Waste to the Transfer Station or Recycling Facility.

Authorized Resident’s Vehicle. “Authorized Resident’s Vehicle” means any vehicle displaying a sticker issued by the Town of Jay pursuant to this Ordinance or issued by an Authorized Municipality.

Authorized Vehicles. “Authorized Vehicles” means the collective reference to Authorized Resident’s Vehicles and Authorized Hauler’s Vehicle.

Ballast. “Ballast” means a device that electronically controls light fixtures and includes a capacitor containing 0.1 kg or less of dielectric.

Battery. “Battery” means a battery that contains a heavy metal, such as lead, cadmium and mercury. Battery types include Nickel Cadmium, Metal Hydride, small sealed lead acid, Lithium, Mercuric Oxide button batteries and Silver Oxide button batteries.

Biomedical Waste. “Biomedical Waste” means 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. Biomedical Waste is considered as Unacceptable Solid Waste.

Brown Goods. “Brown Goods” means large television or entertainment modules or furniture including but not limited to sofas, television consoles, wood frames beds, chairs, hid—a—beds and stereo consoles. Brown Goods are considered as Other Solid Waste.

Bundle. “Bundle” means to place in a brown paper bag or other similar method for separating the material.

Burn Barrel Debris. “Burn Barrel Debris” is Waste burned in back yard barrels, campfires and out of door fireplaces and incinerators. Burn Barrel Debris is an Unacceptable Solid Waste.

Burnable Debris. “Burnable Debris” means burnable wood debris resulting from construction, remodeling, repair, demolition of structures. Burnable Debris is considered as Other Solid Waste.

Cathode Ray Tubes. “Cathode Ray Tubes” means a product video display component of televisions, computer displays, military and commercial radar, and other display devices.

Collectors. “Collectors” means any Person employed by the Town of Jay at the Transfer Station or Recycling Facility or to be responsible for the pick up and collection of Acceptable Solid Waste and Recyclable Materials or for the transferring of any Waste to any disposal facility.

Construction/Demolition Debris. “Construction/Demolition Debris” means debris resulting from construction, remodeling, repair, and demolition of structures. The term includes but is not limited to building materials, asphalt, wall board, plastic pipes, carpeting and underlay; it excludes all Unacceptable Solid and Liquid Wastes or Inert Fill. Construction/Demolition Debris is considered as Other Solid Waste.

Disposal or Dispose. “Disposal” or “Dispose” means the discharge, deposit, injection, incineration, dumping, spilling, leaking or placing of any Waste into or on any land, air or water so that the Waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground waters.

Dredge Spoils. “Dredge Spoils” means earthen materials removed from beneath any surface water. Dredge Spoils are considered as Unacceptable Solid Waste.

E.P.A. “E.P.A.” means the United States Environmental Protection Agency.

Facility Operator. “Facility Operator” means the person employed by the Town of Jay responsible for the operation and maintenance of the Transfer Station and Recycling Facility.

Generation or Generating. “Generation” or “Generating” means the act or process of originating, producing, causing or otherwise bringing into existence any Waste.

Hazardous Waste. “Hazardous Waste” means a Waste in either a liquid or solid state, designated as hazardous by the Selectmen, the E.P.A. or the M.D.E.P. and includes special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended. Hazardous Waste is either an Unacceptable Liquid Waste or Unacceptable Solid Waste, except as specially approved by the Selectmen. Hazardous Waste also means waste with inherent properties which make such waste potentially dangerous or harmful to manage by ordinary means, including, but not limited to, pollutants, contaminants, irritants, chemicals, explosives, Pathological Wastes, radioactive wastes, toxic wastes or hazardous wastes or constituents, and other wastes, substances or materials defined as hazardous, toxic or dangerous at any time by the State of Maine or the

Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Atomic Energy Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Hazardous Materials Transportation Act, the Federal Water Pollution Control Act, the Occupational Health and Safety Act, the Resource Conservation and Recovery Act of 1976, as amended, or other Federal, state, local or common law, regulation, order or other actions promulgated or taken with respect thereto. Hazardous Waste is considered as Unacceptable Solid Waste.

Hot Loads. ”Hot Loads” means Solid Waste that is on fire or smoldering or releases sufficient heat upon hydration to constitute a fire hazard when delivered to the Transfer Station. Hot Loads are considered as Other Solid Waste.

Household Hazardous Waste. “Household Hazardous Waste” includes, but is not limited to liquid and non-liquid paint, paint thinner, bleach and household cleaning solvents. Household Hazardous Wastes are Specially Approved Wastes.

Inert Fill. “Inert Fill” means clean soil material, rocks, bricks, and cured concrete, which are not mixed with Other Solid Waste or Liquid Waste, and which are not derived from an ore mining activity. Inert Fill is considered as Other Solid Waste.

Lamp. “Lamp” means a bulb or tube portion of an electric lighting device. A Lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of lamps are fluorescent lamps, high intensity discharge lamps, neon lamps, mercury vapor lamps, high pressure sodium lamps and metal halide lamps. Lamp includes both lamps that fail the Toxicity Characteristic Leaching Procedure (TCLP) and those that contain mercury but pass the TCLP.

Land Clearing Debris. “Land Clearing Debris” means Solid Wastes resulting from the clearing of land and consisting solely of brush, stumps, soil material, and rocks. Land Clearing Debris is considered as Other Solid Waste.

Lead Acid Batteries. “Lead Acid Batteries” means batteries constructed of lead plates and acid. This term includes but is not limited to most car, boat and truck batteries. Lead Acid Batteries are a Reclaimable Liquid Waste.

Liquid Waste. “Liquid Waste” means any waste that is determined to contain free liquids according to the Paint Filter Liquids Test (Method 9095 of E.P.A. SW-846, 3rd Edition). Liquid Waste is the collective reference to Acceptable Liquid Waste and Unacceptable Liquid Waste.

M.D.E.P. “M.D.E.P.” means the Maine Department of Environmental Protection.

Mercury Containing Thermostat. “Mercury Containing Thermostat” means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element.

Mercury Thermometers. “Mercury Thermometers” means a temperature measuring device that contains metallic mercury.

Metal Goods. “Metal Goods” means bikes, metal doors, metal pipe, window frames, cyclone or other metal fences, screens, wire, sheet metal, metal conduit cables, tools, aluminum, copper and brass items, vented barrels and vented propane fuel tanks. Metal Goods is considered as Reclaimable Materials.

Ordinance. “Ordinance” means the several parts comprising this Ordinance, and as may be amended from time to time.

Other Solid Wastes. “Other Solid Wastes” is the collective reference to Brown Goods, Ash, Mattress, Box Springs, Construction/Demolition Debris, Hot Loads, Burnable Debris, Vegetative Waste and Wood Waste.

Pathological Waste. “Pathological Waste” means waste consisting of (1) human and animal remains, body parts, tissues, organs, blood, excretions, secretions, and body fluids and (2) any and all “infectious waste”, which term shall include, but not be limited to, (i) waste which contains any disease producing or carrying material, agent or organism, (ii) isolation wastes, cultures and stocks of etiological agents, (iii) waste generated by surgery or autopsy performed on septic cases or patients with infectious diseases, (iv) sharps, dialysis waste and any wastes that were in contact with pathogens, (v) waste biologicals (e.g., vaccines) produced by pharmaceutical companies for human or veterinary use, (vi) food, equipment parts and other products contaminated with etiological agents, (vii) animal bedding and other wastes that were in contact with diseases or laboratory research animals, (viii) equipment, instruments, utensils and fomites which were in contact with persons who are suspected to have or have been diagnosed as having a communicable disease, (ix) laboratory wastes such as pathological specimens and disposal fomites attendant thereto and (x) any disease causing material which is defined as “Hazardous Substance” under current or future Federal, state or local law, rule or regulation as a result of being classified as “etiologic agent”.

Person. “Person” means an individual, corporation, partnership, consortium, joint venture association, commercial entity, trust, firm, municipality, county, state, federal or other governmental unit, or any combination thereof and the agents of same.

Processible Solid Waste. “Processible Solid Waste” means the collective reference to Acceptable Solid Waste, Reclaimable Material, Recyclable Material, Other Solid Waste and Specially Approved Waste.

Reclaimable Liquid Waste. “Reclaimable Liquid Wastes” are Acceptable Liquid Wastes that may be reclaimed such as Lead Acid Batteries and Waste Oil.

Reclaimable Materials. “Reclaimable Materials” are Solid Waste materials that may be reclaimed such as White Goods; Tires; and Metal Goods.

Recyclable Materials. “Recyclable Materials” are materials that can be reused either in the same form or as part of a different product and are as defined in Section 403.

Recycling Container. “Recycling Container” means the 33 gallon plastic barrel with cover, marked “Town of Jay Recycles”.

Recycling Facility. “Recycling Facility” means the facility constructed and managed by the Town of Jay located on State Route 4 in Jay for separating, collecting, and/or reprocessing of manufactured materials for reuse either in the same form or as part of different products.

Segregate. “Segregate” means to set a part, isolate, or separate from other materials.

Selectmen. “Selectmen” means the municipal officers elected to the Jay Board of Selectmen by the voters of the Town of Jay.

Sludge. “Sludge” means any solid, semi—solid or liquid waste generated from household septic tanks, a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or wet process air pollution control facility or any other such waste having similar characteristics and effect. Sludge is an Unacceptable Liquid Waste.

Solid Waste. “Solid Waste” means useless, unwanted or discarded solid material with insufficient liquid content to be free flowing and is the collective reference to Processible Solid Waste and Unacceptable Solid Waste.

Special Wastes. “Special Wastes” means any non-hazardous Solid Waste or Liquid Waste generated by sources other than ordinary households and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, which may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures. Special Waste is considered as either Unacceptable Solid Waste or Unacceptable Liquid Waste. Special Wastes include, but are not limited to:

a. Oil, coal, wood and multifuel boiler and incinerator ash;

b. Industrial and industrial process waste;

c. Waste water treatment plant sludge, paper mill sludge or other sludge waste;

d. Debris and residuals from nonhazardous chemical spills and cleanup of those spills;

e. Contaminated soils and dredge spoils;

f. Asbestos and asbestos—containing waste;

g. Sand blast grit and nonliquid paint waste;

h. Medical and other potentially infectious or pathogenic waste;

i. Spent filter media and residue;

j. High and low pH waste; and

k. Any other Waste designated as Special Waste by the Selectmen.

Specially Approved Wastes. “Specially Approved Wastes” are wastes that are Unacceptable Solid Waste and Unacceptable Liquid Waste that may be collected at the Transfer Station by the Town of Jay from time to time as designated by the Selectmen. Specially Approved Waste materials include, but are not limited to: Household Hazardous Wastes such as, Liquid and non-liquid paint, paint thinner, bleach, household cleaning solvents, household woodstove ash and antifreeze.

Tires. “Tires” are the device made of rubber or any similar substance which is intended to be attached to a motorized vehicle or trailer or bicycle and is designed to support the load of the motor vehicle or trailer or bicycle. Tires are considered as Reclaimable Material.

Transfer Station. “Transfer Station” means the facility constructed and managed by the Town of Jay and located on State Route 4 in Jay, Maine for the Disposing of Processible Solid Waste and Acceptable Liquid Wastes.

Unacceptable Liquid Wastes. “Unacceptable Liquid Wastes” is the collective reference to Hazardous Waste and Special Waste that have sufficient liquid content to be free flowing, Sludge, and other Liquid Waste designated as Unacceptable Liquid Waste by the Selectmen.

Unacceptable Solid Wastes. “Unacceptable Solid Wastes” are materials not considered Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Wastes or Specially Approved Wastes. Unacceptable Solid Wastes include but are not limited to:

1. Junked or abandoned vehicles;

2. intentionally omitted;

3. Snowmobiles or all-terrain vehicles;

4. Dead animals or portion thereof, other pathological— type solid waste;

5. intentionally omitted;

6. Dredge Spoils;

7. Inert Fill;

8. Hazardous Wastes and Special Wastes with insufficient liquid content to be free flowing; and not specially approved;

9. Biomedical Waste;

10. Sludge;

11. Pathological Waste;

12. Special Waste;

13. Burn Barrel Debris;

14. Ash; and

15. Any other Solid Waste designated Unacceptable by the Selectmen or by the disposal facility to which Jay will be sending its Processible Solid Waste or Acceptable Liquid Waste;

Universal Wastes. “Universal Wastes” is the collective reference to Batteries, Cathode Ray Tubes, Mercury Containing Thermostats, Mercury Thermometers or Lamps otherwise hazardous and totally enclosed non-leaking polychlorinated biphenyl (PCB) ballast. Universal Wastes are Reclaimable Materials.

Vegetative Wastes. “Vegetative Wastes” means Solid Wastes consisting of plant matter from Agriculture Activities, farms, homes, plant nurseries, greenhouses. These wastes shall include plant stalks, grass clippings, hulls, leaves, plant waste processed through a wood chipper and other vegetal matter other than Wood Wastes and Land Clearing Debris. Vegetative Waste is considered as Reclaimable Material.

Violator. “Violator” means any Person violating this Ordinance.

Waste. “Waste” means all discarded materials or substances rejected as being spent, useless, worthless, unwanted or in excess to the owners at the time of such discard or rejection. Waste is the collective reference to Solid Waste and Liquid Waste.

Waste Oil. “Waste Oil” means a petroleum based or synthetic oil which, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. Waste Oil which exhibits Hazardous Waste characteristics or which has been contaminated with Hazardous Waste in Excess of quantities normally occurring in Waste Oil, shall be subject to the provisions of this Ordinance dealing with Hazardous Waste. Waste Oil is a Reclaimable Liquid Waste.

White Goods. “White Goods” means large appliances, including but not limited to stoves, refrigerators, freezers, washing machines, dishwashers, clothes dryers, hot water tanks and air conditioners. White Goods are considered as Reclaimable Materials.

Wood Wastes. “Wood Wastes” means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash, and sawdust, which are not mixed with Other Solid Wastes or Liquid Waste. Wood Waste is considered as Other Solid Wastes or Reclaimable Materials.

First, Sec. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14.

PART 3

GENERAL PROHIBITIONS

Section 301 PROHIBITION

No Person shall Dispose of Waste in the Town of Jay except in accordance with this Ordinance. Waste not Generated in the Town of Jay shall not be Disposed of in the Town of Jay. In particular, but not limited to, Disposing of Waste by burning, burying, dumping on roadsides or other Disposal not in conformance with this Ordinance shall be a violation of this Ordinance and the Violator may be prosecuted under Part 6 of this Ordinance.

Section 302 ANTI-SCAVENGING

No Person shall remove, add to, tamper with or take possession of Acceptable Solid Waste or Recyclable Materials placed or set out for collection or located at the Transfer Station or Recycling Facility.

No Person shall remove, add to, tamper with or take possession of any Processible Solid Waste or Acceptable Liquid Waste located at the Transfer Station or Recycling Facility.

Section 303 EXCEPTIONS

A. The Town of Jay may Dispose of Processible Solid Waste and Acceptable Liquid Waste in accordance with the laws of the State of Maine.

B. Any Person who has a license or permit to Dispose of Waste from any agency of the State of Maine including but not limited to M.D.E.P. and if required by the Jay Environmental Control and Improvement Ordinance, from the Jay Planning Board, and is in compliance with its license and permit may Dispose of Waste in the Town of Jay in accordance with such license or permit.

C. If the Disposal method is a Best Management Practice, then any Person who is engaged in an Agricultural Activity in the Town of Jay may Dispose of Agricultural Waste in the Town of Jay. “Best Management Practice” shall mean those management practices which are determined by the Maine Commissioner of Agricultural, Food and Rural Resources to be Best Management Practices.

D. Any Person who has a recycling program approved or recognized by the Selectmen and is in compliance with its approved or recognized program may Dispose of such Recyclable Materials at a recycling facility other than Jay’s Recycling Facility.

E. Any Person who has a contract with the Town of Jay or has a permit from the Selectmen may Dispose of Processible Solid Waste or Acceptable Liquid Waste in the Town of Jay provided that such person complies with the provisions of this Ordinance and his contract or permit.

F. Any Person may Dispose of Inert Fill in the Town of Jay provided that such Disposal is in accordance with all State and Federal laws, rules and regulations.

G. The Jay Fire Department may burn any building or structure so long as burn is performed in compliance with this Ordinance.

H. Any Person may dispose of Ash from a Fire Department Burn by burying it on Site so long as the burial is in compliance with this Ordinance.

I. Any Person may dispose of Ash from an Accidental Burn by burying it on Site so long as the burial is in compliance with this Ordinance.

First, Sec. 15.

PART 4

FLOW CONTROL

Section 401 ACCEPTABLE SOLID WASTE BAGS AND RECYCLING CONTAINERS

The Town of Jay shall sell Acceptable Solid Waste Bags to Persons participating in the collection program pursuant to Section 404. The price of the Acceptable Solid Waste Bags shall be equal to the cost incurred by the Town of Jay in acquiring and selling the Acceptable Solid Waste Bags. The Town of Jay shall sell or give Recycling Containers to Persons participating in the collection program pursuant to Sections 403 and 404. Unless specifically authorized by the Selectmen no Person shall have more than one Recycling Container. In the event the Selectmen elect to charge a fee for the Recycling Containers, the fee shall not be greater than the cost incurred by the Town of Jay in acquiring and delivering the Recycling Containers. The amount of Acceptable Solid Waste placed in any one Container shall not exceed fifty (50) pounds.

First, Sec. 16.

Section 402 WASTE SEGREGATION AND ARRANGEMENT

A. Each Person shall Segregate his Waste as follows:

1. Solid Waste shall be Segregated from Liquid Waste;

2. Unacceptable Liquid Waste shall be Segregated from Acceptable Liquid Waste;

3. Unacceptable Solid Waste shall be Segregated from Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Waste and Specially Approved Wastes;

4. Recyclable Materials and Acceptable Solid Wastes shall be Segregated from Reclaimable Materials, Other Solid Wastes and Specially Approved Waste;

5. Recyclable Materials shall be Segregated from Acceptable Solid Waste;

6. Reclaimable Materials shall be Segregated from Other Solid Waste and Specially Approved Waste;

7. Other Solid Waste shall be Segregated from Specially Approved Waste; and

8. Reclaimable Liquid Waste shall be Segregated from Specially Approved Waste.

B. Recyclable Materials shall be processed in accordance with Sections 403 and 404 of this Ordinance.

C. Acceptable Solid Waste shall be put in an Acceptable Solid Waste Bag or placed in a clear, see through polyethylene or PVC bags of at least 1 mils thickness and processed in accordance with Section 404.

D. Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste shall be further Segregated as designated in this Subsection D and brought to the Transfer Station at times specified by the Selectmen and placed in the appropriate area as designated by the Transfer Station signage or by the Facility

Operator:

1. Brush such as Tree trunks, limbs, branches shall be cut into lengths not to exceed 4 feet and there shall be no more than a one ton truckload delivered to the Transfer Station at any one time;

2. Leaves, grasses and other Vegetative Wastes must be removed from their container prior to depositing this material at the specified area;

3. White Goods shall have all doors removed before being brought to the Transfer Station;

4. Wood Furniture - with metal plates, arms, supports, levers, etc. removed;

5. Burnable Debris reduced to one ton truckloads;

6. Mattresses and Bedsprings;

7. Wood and floor model or console radios, TV sound systems, computers, computer monitors and other computer equipment, etc.;

8. Sheet metal items shall be cut or folded and flattened such that no dimension exceeds 4 feet;

9. Intentionally omitted;

10. Tires;

11. Waste Oil shall be put in the designated waste oil storage tank;

12. Lead Acid Batteries;

13. Hot Loads, wood or coal stove ash from residents or any kind of hot or cold ashes;

14. Construction/Demolition Debris;

15. Small propane tanks and barrels must be segregated;

16. Metal Goods other than those stated in item 9 and item 10. Cable steel must be cut in lengths as determined by the Facility Operator;

17. Antifreeze shall be put in the designated antifreeze storage area;

18. Asphalt Shingles;

19. Universal Wastes; and

20. Wood Wastes such as plywood and pallets.

The Selectmen may, from time to time, require further Segregation of Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste and may require further processing of these materials prior to their acceptance. The Waste that is left after such processing shall be Disposed of as otherwise provided in this Ordinance.

E. Unacceptable Liquid Waste, Unacceptable Solid Waste and items of Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste which are not accepted by the Transfer Station, shall be disposed of in accordance with the laws of the United States of America and the State of Maine and the rules and regulations of the EPA and M.D.E.P. No Unacceptable Liquid Waste, Unacceptable Solid Waste or items of Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste which are not accepted by the Transfer Station shall be disposed of within the Town of Jay unless such waste is designated Specially Approved Waste by the Selectmen.

First, Sec. 17.

Section 403 RECYCLING SEGREGATION

A. Definitions.

“Recyclable Materials” are materials that can be reused either in the same form or as part of a different product. Recyclable Materials are as follows:

1. Glass: clear, green and brown glass, containers and bottles. All other glass, including, without limitation, ceramics, clay flower pots, glass containing lead such as mirror and window glass, drinking glasses and crystal, ovenware and light bulbs are not Recyclable Materials but are Acceptable Solid Waste;

2. Newsprint: magazines, catalogs, telephone books and black and white newspapers, including all colored and/or glossy advertising inserts and flyers that are part of the newspaper;

3. Corrugated Cardboard and Brown Paper Bags: all foreign (yellow) corrugated and non-corrugated cardboard (paperboard) is in the “Mixed Paper” category of Recyclable Materials. Waxed corrugated cardboard is an Acceptable Solid Waste;

4. Plastics: Plastic bottles of High-Density Polyethylene (HDPE) such as milk jugs, juice jugs or detergent bottles. All other types of plastic such as Polyethylene Terephthalate (PETE) (soda bottles), Vinyl (V), Polypropylene (PP), Polystyrene (PS)

(Styrofoam Products) and Low—Density Polyethylene (LDPE) (garbage bags and bread wrappers) are not Recyclable Materials but are Acceptable Solid Waste;

5. Mixed Paper: Junk mail, glossy advertisements and colored paper not part of a newspaper, foreign (yellow) corrugated cardboard, non—corrugated cardboard (Paperboard). High-grade is mixed paper unless state law requires the Person to separate High-Grade paper from mixed paper. All contaminated, dirty or wet paper, including, without limitation, paper towels, tissues, napkins, paper plates and cups and margarine wrappers are not Recyclable Materials but are Acceptable Solid Waste;

6. Magazines: Magazines and catalogs with glossy paper coverings are magazines. Inside pages may be glossy or non—glossy;

7. Metal/Aluminum Food Cans: All clean tin and aluminum food cans and trays, aluminum foil and aluminum pie plates. Empty paint and aerosol cans are not Recyclable Materials but are Acceptable Solid Waste. All other scrap metal is Reclaimable Materials; and

8. High grade paper: White, greenbar computer paper and lightly colored copier, lined or typing paper and envelopes without windows.

B. Segregation.

Each category of Recyclable Materials shall be separately bundled or segregated and placed in a Recycling Container as follows:

1. Glass - All clear glass shall be segregated by color and bundled together and all other colored glass shall be segregated by color and bundled together. All glass must be rinsed and all caps, covers and lids shall be removed and disposed of as Acceptable Solid Waste. Labels do not need to be removed.

2. Newsprint - All newsprint shall be bundled together.

3. Corrugated Cardboard and Brown Paper Bags - All clean, dry corrugated cardboard and brown bags shall be bundled together. All plastic inserts shall be removed and disposed of as Acceptable Solid Waste.

4. Plastics - High Density Polyethylene Plastic such as milk jugs, juice jugs or detergent bottles shall be separated and bundled together. All High Density Polyethylene Plastic must be flattened and rinsed or well drained in the case of anti—freeze and all caps, neck rings and spouts must be removed and disposed of as Acceptable Solid Waste. Labels do not need to be removed.

5. Mixed Paper. All mixed paper shall be bundled together. Any metal or plastic attached to any paper shall be removed and disposed of as Acceptable Solid Waste.

6. Magazines. All magazines shall be placed loosely in brown paper bags.

7. High Grade Paper. All high grade paper shall be bundled together. All plastic items, metal items (other than staples) shall be removed and disposed of as Acceptable Solid Waste.

8. Metal/Aluminum Food Cans. All Metal/Aluminum Food Cans and trays shall be bundled together. All Metal/Aluminum shall be washed with labels removed. Cans shall be crushed whenever possible.

C. Changes.

As market conditions warrant or as the Selectmen deem necessary, the Selectmen may, from time to time, require further segregation of Recyclable Materials, add to or eliminate certain items of Waste as Recyclable Materials and may require further processing of Recyclable Materials prior to their acceptance. Waste that is left after such processing shall be Disposed of in accordance with other provisions of this Ordinance.

First, Sec. 18.

Section 404 COLLECTION

Each Person shall place his Acceptable Solid Waste Bags containing Acceptable Solid Waste and his Recycling Containers containing Recyclable Materials at roadside or curbside for collection by the Collectors at times specified by Resolution of the Selectmen. Such Acceptable Solid Waste Bags may be placed in barrels so long as the barrels are not metal.

The Recycling Containers and any barrels containing Acceptable Solid Waste Bags shall be kept securely covered in order to preclude odor from emanating from the Recycling Container and barrel and to prevent rodents, insects, vectors, rain or snow from contacting the Recyclable Materials.

Any Authorized Resident, however, may deliver his Acceptable Solid Waste and Recyclable Materials to the Transfer Station and Recycling Facility at times specified by the Selectmen. Authorized Residents shall not deliver Waste to the Transfer Station which has not been generated within the Town of Jay.

Upon receipt of a permit from the Selectmen any Person who uses a dumpster or similar large volume Acceptable Solid Waste Container, may deliver the contents of the dumpster/container to the Transfer Station provided that such contents are Acceptable Solid Wastes.

Authorized Residents may deliver to the Transfer Station items of Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste and Specially Approved Waste that the Transfer Station is accepting. The Authorized Resident shall pay the fee for such disposal that is charged by the Town of Jay and deposit the items at the location or locations designated by the Facility Operator. Authorized Residents may contract with Authorized Haulers to deliver their Other Solid Waste, Reclaimable Materials, Reclaimable Liquid Waste and Specially Approved Waste to the Transfer Station.

First, Sec. 19 and 20

Section 405 RECYCLING FACILITY

The Recycling Facility shall be for the use of Persons of the Town of Jay or Authorized Municipalities or Persons who are otherwise designated or permitted by the Selectmen and shall be used in compliance with this Ordinance. The Selectmen may accept Recyclable Materials from any other source, including without limitation, other municipalities or Persons.

Section 406 TRANSFER STATION

The Transfer Station shall be for the use of Persons of the Town of Jay or Authorized Municipalities or Persons as designated by the Selectmen and shall be used in compliance with this Ordinance. The Selectmen may accept Processible Solid Waste and Acceptable Liquid Waste from any other source, including without limitation, Municipalities or other Persons.

Section 407 FEES

For Town of Jay Authorized Residents there shall be no Fee for the disposal of Acceptable Solid Waste or Recyclable Materials appropriately segregated and delivered to the Transfer Station or the Recycling Facility or delivered to the Collectors under Section 404. The Selectmen may establish, from time to time, by resolution, a Fee for the disposal of an item of Other Solid Waste, Reclaimable Material or Specially Approved Waste. The Fee shall be reasonable and in establishing a Fee the Selectmen shall consider:

A. All costs, including, without limitation, administrative costs, of handling and storing, the item; and

B. All costs of transportation and ultimate disposal of the item;

provided, however, that in no event shall the Fee be in excess of the direct and indirect costs to the Town of Jay for the ultimate disposal of any item. The Selectmen may, by resolution, increase or decrease the fee or eliminate or add items, in their sole discretion, as they deem necessary and appropriate and in the best interest of the Town of Jay.

Authorized Municipalities and Authorized Residents and Authorized Haulers of Authorized Municipalities shall pay fees for Disposal of Processible Solid Waste and Acceptable Liquid Waste as established in their Contract with the Town of Jay. The Selectmen may contract with Authorized Municipalities to require their Authorized Residents or Authorized Haulers to pay fees for Disposal of Processible Solid Waste or Acceptable Liquid Waste even through Jay Authorized Residents are not required to pay any fee for the Disposal of a particular item of Waste.

First, Sec. 19 and 20

Section 402A FIRE DEPARTMENT BURN