| Jay, Maine |
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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
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.
PART 4A
DISPOSAL OF ASH IN THE TOWN OF JAY FOR CERTAIN TYPES OF ASH
Section 401A DEFINITIONS
Unless the context otherwise requires, in this Ordinance, the following terms have the following meanings:
On Site Disposal Ash. “On Site Disposal Ash” shall mean and include only Ash resulting from a Fire Department Burn or an Accidental Burn.
Accidental Burn. “Accidental Burn” shall mean any burn of a building or structure not a Fire Department Burn.
Fire Department Burn. “Fire Department Burn” shall mean the controlled burning of a building or structure by the Jay Fire Department in accordance with Section 402A of this Ordinance.
Fire Department. “Fire Department” means the Fire Department of the Town of Jay.
Fire Chief. “Fire Chief” means the Chief of the Fire Department of the Town of Jay.
Site. “Site” means the parcel of land upon which a building or structure located thereon was accidentally burned or a parcel of land upon which a building or structure located thereon was burned by the Fire Department.
Site Owner. “Site Owner” means the Person who owns or leases the Site.
Section 402A FIRE DEPARTMENT BURNThe Jay Fire Department may burn a building or a structure with the permission of the Site Owner provided the burn procedure is in compliance with all State Laws and Regulations including, but not limited to M.D.E.P. and this Ordinance and provided that prior to the burn, except the burning of a residential building of less than five (5) units, an M.D.E.P licensed asbestos consultant determines either that there is no asbestos in the building or structure in quantities greater than three (3) square feet or three (3) linear feet or that all such asbestos has been removed from the building or structure.
The Site Owner shall, within the time period set forth below, either Dispose the On Site Disposal Ash from a Fire Department Burn at an off-site facility, licensed to Dispose of such material or bury on Site so long as:
a. All Waste shall be Segregated from the On Site Disposal Ash and Disposed of in accordance with this Ordinance;
b. The burial place is on Site and is above the high water mark;
c. The burial place is covered with eighteen (18) inches of gravel or loam; and
d. Upon the completion of the burial, the Site Owner certifies to the Facility Operator that the burial met these requirements.
On Site Disposal Ash from a Fire Department Burn shall be Disposed of in accordance with this Section within one (1) month after the burn or in the event of a burn in the winter season (November 15 to May 15) before the next July 1. In the event of off-site disposal, the Site Owner shall notify the Facility Operator of the date and place of disposal within seven (7) days after the end of the applicable time period.
Section 403A ACCIDENTAL BURN
The Site Owner shall, within the time period set forth below, either Dispose the On-Site Disposal Ash from an Accidental Burn at an off-site facility, licensed to Dispose of such material or may bury On Site so long as:
a. All Waste shall be Segregated from the On Site Disposal Ash and Disposed of in accordance with this Ordinance; b. Except for residential buildings of less than five (5) units prior to burial the Site Owner certifies to the Facility Operator that there was no asbestos in quantities greater than three (3) square feet or three (3) hundred feet in the structure or building prior to its being burned; c. The burial place is on Site and is above the high water mark; d. The burial place is covered with eighteen (18) inches of gravel or loam; and e. Upon the completion of the burial, the Site Owner certifies to the Facility Operator that the burial met these requirements.
All On Site Disposal Ash from an Accidental Burn shall be Disposed of in accordance with this Section within one (1) month from the burn or in the event of a burn in the winter season (November 15 to May 15) before the next July 1. In the event of off-site disposal, the Site Owner shall notify the Facility Operator of the date and place of disposal within seven (7) days after the end of the applicable time period.
The Fire Chief shall notify the Facility Operator of the date of any Accidental Burn.
Section 404A ADDITIONAL TIME FOR DISPOSAL OF ON SITE DISPOSAL ASH IN CERTAIN CIRCUMSTANCES
In the event that the Fire Chief, the Jay Police Chief, the State Police or the State Fire Marshall designates the Site as a crime scene or possible crime scene, the Site Owner may not dispose of On Site Disposal Ash until such designation has been removed. During any period when the Site is designated as a crime scene, the time periods for Disposal in Sections 402A and 403A shall be suspended and the date of Disposal shall be extended and shall be calculated from the date that the crime scene designation is removed.
Section 405A INTENTIONAL BURNING
No Person shall intentionally burn any building or structure within the Town of Jay.
First, Sec. 21.
PART 4B
DISPOSAL OF CONSTRUCTION/DEMOLITION DEBRIS IN THE TOWN OF JAY
Any Person may Dispose of Construction/Demolition Debris in the Town of Jay; provided that, prior to the Disposal, the Person certifies to the Facility Operator that any asbestos within the Construction/Demolition Debris has been removed to the extent required by the rules of the M.D.E.P. and in accordance with the rules of the M.D.E.P.
First, Sec. 23 (First One Indicated).
PART 5
OPERATIONS
Section 501 AUTHORIZATIONS
The Selectmen shall take such steps as they deem necessary to insure the appropriate Disposal of all Processible Solid Waste and Acceptable Solid Waste, the operation and maintenance of the Transfer Station and Recycling Facility and to enforce this Ordinance. The Selectmen may have the Town Manager, the Facility Operator, the Collectors and the Code Enforcement Officer assist them in carrying out their responsibilities and duties and obligations under this Ordinance. The Selectmen may hire a Facility Operator and Collectors as Town employees and may contract with private companies to carry out the provisions of this Ordinance. The Selectman may issue the permits as contemplated by this Ordinance with such terms and conditions as they deem necessary and appropriate. The Selectmen may contract with other Persons for Processible Solid Waste and Acceptable Liquid Waste from any other source, including without limitation, other municipalities.
Section 502 INSPECTION AND REJECTION
Any Acceptable Solid Waste or Recyclable Materials set out for collection or any Processible Solid Waste and Acceptable Liquid Waste brought to the Transfer Station or Recycling Facility may be inspected to insure compliance with this Ordinance. The Selectmen, the Collectors and the Facility Operator have the authority, in their sole discretion, to reject for non—compliance with this Ordinance, any Waste set out for collection or Waste brought to the Transfer Station or Recycling Facility. If any Liquid Waste, Unacceptable Solid Waste, Other Solid Waste, Specially Approved Waste or Reclaimable Material is mixed with the Acceptable Solid Waste or Waste is mixed with the Recyclable Materials, the Waste will be rejected and if set out for collection pursuant to Section 403 it will not be picked up by the Collector. Upon such rejection, the Person whose Waste has been rejected shall separate his Waste in accordance with this Ordinance and either deliver the Processible Solid Waste or Acceptable Liquid Waste to the Transfer Station and Recycling Facility or set it out for collection pursuant to Section 403.
The Selectmen may permit Authorized Residents to deliver Processible Solid Waste and Acceptable Liquid Waste to the Transfer Station and Recycling Facility. The Selectmen may issue permits to Authorized Residents in the form of a sticker to be placed on the Authorized Residents Vehicle.
Section 503 RULES AND REGULATIONS
The Selectmen may adopt such rules and regulations as they deem necessary for: Disposal of Processible Solid Waste and Recyclable Materials; contracts with Authorized Haulers and Authorized Municipalities; issuing permits under this Ordinance; the operation and maintenance of the Transfer Station and Recycling Facility; and any other matter that the Selectmen deem necessary for the carrying out of this Ordinance.
The Selectmen shall determine which items of Processible Solid Waste and Acceptable Liquid Waste that the Town will accept at either the Transfer Station or Recycling Facility. The Selectmen from time to time may add or eliminate items of Processible Solid Waste or Acceptable Liquid Waste that the Town of Jay will or will not allow to be disposed of at the Transfer Station or Recycling Facility.
The Selectmen may authorize the Facility Operator to issue Transfer Station Bulletins or Recycling Facility Bulletins to -notify all users of the Transfer Station and the Recycling Facility of: (a) the current rules and regulations of the facilities; (b) the items of Processible Solid Waste and Acceptable Liquid Waste that are being accepted at the facilities; (c) any fee for disposal of any particular item; (d) the ultimate destination of Acceptable Solid Waste, either waste to energy facility or landfill and the appropriate definition of Acceptable Solid Waste that is being used; and (e) any other matter that the Selectmen deem necessary for the proper operation of the Jay Waste Disposal System.
Any violation of the rules and regulations, Transfer Station Bulletins or Recycling Bulletins, shall be deemed a violation of this Ordinance.
Section 504 TITLE AND USE OF WASTE
All Acceptable Solid Waste and Recyclable Materials once segregated and are to be disposed of shall become the property of the Town of Jay. All Processible Waste and Acceptable Liquid Waste that is accepted at the Transfer Station or Recycling Facility shall become, upon acceptance, the property of the Town of Jay. The Selectmen may sell, donate, Dispose of or otherwise deal with the Processible Solid Waste or Acceptable Liquid Waste. Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste or Specially Approved Waste, wherever located, shall not be or become the property of the Town of Jay except as provided in this Ordinance. Unacceptable Solid Waste and Unacceptable Liquid Waste shall not be or become the property of the Town of Jay.
PART 6
PENALTIES AND ENFORCEMENT Section 601 VIOLATIONS
A. General Procedure
1. The Selectmen, by majority vote, upon information, that any Person is in violation of any of the provisions of this Ordinance or contract with the Town of Jay, or the terms or conditions of any permit, approval or Enforcement Order which violation does not create a substantial and immediate danger to the public health, welfare or safety, with or without notice, may cause the Facility Operator or other municipal employees to make an investigation and in light of such investigation, Selectmen may commence an enforcement proceeding in accordance with Sections 602, 603 or 604 hereof. Prior to commencing such enforcement the Selectmen may consult and coordinate with appropriate state agencies concerning the alleged violations.
2. Upon the Facility Operator’s own initiative or upon written complaint of any five (5) Persons residing or conducting business in the Town of Jay that any Person is in violation of any provisions of this Ordinance, the contract with the Town of Jay or the terms or conditions of any permit, approval or Enforcement Order, the Facility Operator, with or without notice, may investigate the allegations of the complaint. The written complaint must be signed in the presence of the Facility Operator, or the Clerk of the Town of Jay or the Deputy at either the Transfer Station or the Town office. If, after investigation, the Facility Operator determines the allegations of the complaint are valid, the Facility Operator may request the alleged Violator cease the violation within a reasonable time as determined by the Facility Operator. If the alleged Violator does not comply with the Facility Operator’s request, within the time specified, the Facility Operator may issue a Notice of Violation (“NOV”) to the alleged Violator as provided in Section 602 and filing a copy with the Town Clerk.
B. Emergency Procedure. Whenever it appears to the Selectmen, after investigation, that there is a violation of any provision of this Ordinance or contract with the Town of Jay, the terms or conditions of any permit, approval or Enforcement Order which is creating or is likely to create a substantial and immediate danger to public health, welfare or safety, the Selectmen may, in accordance with this subsection, order the Person or Persons causing or contributing to such hazard to take such immediate actions as are necessary to reduce or alleviate the danger. Service of a copy of the Selectmen’s Enforcement Order issued under this emergency procedure shall be made by a Jay Police or Sheriff or Deputy Sheriff to the Person to whom the Enforcement Order is directed. In the event such Persons are so numerous that the specified method of service is a practical impossibility or the Selectmen are unable to identify the Person or Persons causing or contributing to such hazard, the Selectmen, to the extent practicable, shall make its Enforcement Order known by publication of such Enforcement Order for a reasonable period in a newspaper of general circulation in the Town of Jay or shall publicize such Enforcement Order on radio or television for a reasonable period. Prior to issuing such order, the Selectmen may consult and coordinate with appropriate state agencies in responding to the emergency.
The Person to whom such Enforcement Order is directed shall comply with it immediately. Such Person may apply within 48 hours after receipt of the Enforcement Order for reconsideration of the Enforcement Order, which reconsideration shall be by the Selectmen within seven (7) days after receipt of a request for reconsideration. After reconsideration or upon their own motion, the Selectmen may continue, revoke or modify the enforcement order. The decision of the Selectmen shall be considered final action which may be appealed in accordance with Section 606. This subsection in no way interferes with the right of the Selectmen to seek a court injunction in the case of a substantial and immediate danger, as provided in Section 604.
C. Nuisance. Any property or use existing in violation of this Ordinance is a nuisance.
First, Sec. 23(Second One Indicated).
Section 602 ENFORCEMENT PROCEDURE AND ENFORCEMENT ORDER
I. Enforcement Procedure
A. Hearing Date. Upon the request of the Facility Operator or upon their own motion, the Board of Selectmen shall schedule a hearing to determine if there is a violation of this Ordinance and if the imposition of a monetary penalty or other measure is appropriate. The Hearing date shall be no sooner than seven (7) days from the date of service of the Notice of Violation.
B. Notice of Violation: Form and Content. Each NOV shall include:
1. A statement reciting the section(s) of the Ordinance authorizing the issuance of the NOV;
2. A specific reference to each provision of the Ordinance or any applicable permit which Violator is alleged to have violated or to other legal grounds for the NOV;
3. A concise statement of the factual basis for the alleged violation;
4. A demand for specific action as appropriate; and
5. Notice demanding the Violator appear at a Hearing before the Board of Selectmen.
C. Service. A NOV may be served upon the alleged Violator by certified mail, return receipt requested, or in hand by Sheriff, Deputy Sheriff, constable or Jay Police Officer. If service by certified mail, the return receipt, properly endorsed and postmarked shall be prima facie evidence of the completion and date of such service. If service is made in hand the Maine Rules of Civil Procedure shall apply to the making of such service and proof thereof.
D. Hearing.
1. Role of the Presiding Officer
The Chairman of the Board of Selectmen or, in his absence, the Vice Chairman or if neither of these two are able to serve, any other Selectmen selected by the remaining Board members, shall be the Presiding Officer.
2. The Presiding Officer, in his discretion, shall have authority to:
a. Place witnesses under oath; b. Take action necessary to maintain order; c. Rule on motions and procedural questions arising before and during the hearing; d. Call recesses or adjourn the Hearing; and e. Prescribe and enforce general rules of conduct and decorum. f. Provide as a matter of public policy for exclusion of irrelevant, immaterial, or unduly repetitious evidence.
4. Role of Board Members. The members of the Board of Selectmen, including the Presiding Officer, collectively shall be responsible for reviewing evidence and hearing testimony and argument in order to determine the appropriate disposition of the NOV.
5. Role of the Facility Operator. The Facility Operator shall be a fact witness at the Hearing and shall produce testimonial and documentary evidence setting forth the results of his investigation regarding the alleged Violation. The Facility Operator may be called as a witness by any party. The Facility Operator may make recommendations to the Board of Selectmen.
6. General Conduct. The order of business at a Hearing shall be as follows:
a. The Presiding Officer calls the hearing to order.
b. The Presiding Officer determines whether there is a quorum.
c. The Presiding Officer gives a statement of the case and submit all correspondence and reports received to the record of the proceeding.
d. Witnesses may be sworn and testify under oath. Witnesses will be required to state for the record their names, residence, and business or professional affiliation for purposes of the Hearing.
e. All Hearings conducted pursuant to this section may be reasonably continued for reasonable cause and reconvened from time to time and from place to place by the Board of Selectmen or Presiding Officer as circumstances require. All orders for continuance shall specify the time and place at which such Hearings shall be reconvened.
7. Order of Proceedings. The order of proceedings, unless modified by the Presiding Officer to facilitate the Hearing, shall be as follows:
a. The Facility Officer may present evidence. Witnesses may be cross-examined by the alleged Violator and questioned by Board of Selectmen, Staff or counsel for the Town after the completion of the witness’ direct testimony;
b. The alleged Violator may present evidence. Witnesses may be cross-examined and questioned by Board of Selectmen, Staff, or counsel for the Town after the completion of the witness’ direct testimony;
c. The Facility Operator may offer a closing statement;
d. Alleged Violator may offer a closing statement;
8. Record. A full and complete record shall be kept of all Hearings. The records shall include, but not be limited to, the NOV, supporting documents, all exhibits, proposed findings of fact and conclusions submitted by either party or by Board of Selectmen, Staff and counsel for the Town, if any, staff documents, alleged Violator’s documents, consent orders, if any, Board of Selectmen findings of fact and orders and the recording or transcript proceedings, if prepared.
At any time prior to the Board of Selectmen’s final decision after the close of the Hearing, the Board of Selectmen may reopen the record for further proceedings consistent with this section, provided, however, that the Board of Selectmen shall give written notice of such further proceedings at least seven (7) days prior to such proceedings.
E. Decision.
a. After concluding deliberations, and no later than thirty (30) days from the date of the final Hearing and the close of evidence, unless the Board of Selectmen and the alleged Violator agree to an extension of time, the Board of Selectmen shall issue a Decision. b. The Decision by the Board of Selectmen shall be in writing and shall either determine that a Violation of this Ordinance has occurred (“Violation”) or that there is no Violation.
c. All Decisions shall become part of the record and shall include, at least, a statement of findings and conclusions and in the event that the Board of Selectmen determine that there is a Violation, the Decision will, in addition to the findings and conclusions, make the determinations as applicable in Section 602, II below and contain an Enforcement Order as provided in Section 602, II below.
d. Notice of any Decision shall be mailed or hand delivered to the alleged Violator or the alleged Violator’s representative or agent, and the Facility Operator. In the event that there is a Violation, the Decision will be served on the Violator in accordance with the procedure set forth in Section 602, I C above.
e. Decision of the Board of Selectmen shall be filed in the office of the Town Clerk and shall be a public record.
II. Enforcement Order
The Selectmen may issue an Enforcement Order aimed at abating or correcting a violation of this Ordinance and ensuring that the violation does not recur, and, in addition, may modify any permit, approval or Enforcement Order in whole or in part, condition the permit, approval or Enforcement Order on reasonable requirements or revoke or suspend, the permit, approval or Enforcement Order, and assess a penalty, whenever the Selectmen find any of the following:
A. The Person violated any provision of this Ordinance;
B. The Person violated any term or condition of a permit, approval, Enforcement Order or Decree of Court;
C. The Person obtained a permit, approval or Enforcement Order by false statement, misrepresentation or failure to disclose fully all relevant facts;
D. The permitted activity poses a threat to human health or welfare; or
E. There has been a change in any condition or circumstance that requires revocation, suspension, conditioning or a temporary or permanent modification of the terms of the permit, approval or Enforcement Order.
The Enforcement Order shall include but need not be limited to the following:
1. A statement reciting the sections authorizing issuances of the Enforcement Order; 2. Specific findings and conclusions; 3. The order to obey or correct the Violation; 4. The assessments of the penalty and the date upon which the penalty is due; 5. Any modifications of any Permit or prior Enforcement Orders; 6. Any revocation or suspension of any Permit, Approval or prior Enforcement Order; 7. The Effective Date of the Enforcement Order; and 8. A statement that the Violator may seek judicial review.
All Enforcement Orders entered by the Selectmen pursuant to this section shall be considered final action of the Selectmen as of the date of the Enforcement Order for purposes of judicial review.
First, Sec. 24 and 25
Section 603 ENFORCEMENT PROCEDURE FOR CERTAIN VIOLATIONS
A. Each violation of Part 4 of this Ordinance except 402(E) may be enforced under this Section 603.
B. The Selectmen and the Violator may agree to waive of court proceedings when proceeding under this Section 603. In the event of such an agreement, the waiver penalty for each violation shall be no less than $10.00 nor more than $2,000.00. If there is no such agreement the Selectmen may proceed for enforcement and penalty under other sections of this Part 6.
In considering a waiver penalty to be used under this Section 603, the Selectmen shall consider the number of times that violations have been alleged against the Violator and/or the number of verbal or written warnings that have been given to the Violator and the nature, scope and impact of violation on the Town of Jay’s waste disposal program and the environment. The Selectmen shall notify the Violator prior to Violator’s election to proceed under this Section 603 the amount of waiver penalty that the Selectmen deem appropriate.
Payment of the penalty under this procedure by the Violator shall be deemed an admission of the violation and a waiver of any court proceeding. The Violator shall pay the waiver penalty to the Town of Jay pursuant to Section 605 (D).
Section 604 JUDICIAL ENFORCEMENT
A. General. In the event of a violation of any provision of this Ordinance, Enforcement Order, permit, approval or final decision or action of the Selectmen or Decree of Court, as the case may be, the Selectmen, on behalf of the Town of Jay, may institute judicial proceedings in accordance with state law for 1) an order enjoining those acts or practices which constitute such a violation; 2) for an Order directing compliance with this Ordinance, any Enforcement Order, permit, approval, condition or final decision or action pursuant to this Ordinance; or 3) for an order assessing penalties or any appropriate combination of actions.
B. Substantial and Immediate Danger to Health, Safety or General Welfare. If the Selectmen find that the violation of any provision of this Ordinance or the failure to comply with any Enforcement Order, permit, approval or final decision or action of the Selectmen or Decree of Court constitutes a substantial and immediate danger to the health, safety or welfare of any person(s), or property, or the environment of the Town of Jay, the Selectmen, on behalf of the Town of Jay, may initiate immediate injunction proceedings to abate or correct such violation. The injunction proceedings may be instituted without recourse to the issuance of an Enforcement Order.
C. Recovery of Costs. In any action that the Town of Jay institutes before a Court to enforce any provisions of this Ordinance, the prevailing party in such action shall be allowed to recover attorneys fees incurred in connection with such action.
Section 605 PENALTIES
A. Any Person who violates any provision of this Ordinance, an Enforcement Order, permit, approval or decision of the Selectmen shall be subject to one or more of the following requirements or the following civil penalties:
1. Except for certain violations for which the Selectmen and the Violator agree to use the waiver procedures in Section 603, a penalty of not less than $100 nor more than $10,000 for each day of the violation shall be assessed;
2. Any Person who violates any provisions of this Ordinance may be ordered to correct or abate the violations. In the event that the Violator does not correct the Violation by the time specified in the Enforcement Order, the Town of Jay, its agents and employees, may enter on the Violator’s property and take whatever action is necessary to correct the Violation and charge all costs of such action, including reasonable attorney’s fees, to the Violator which costs will be in addition to any other penalties imposed hereunder;
3. The maximum civil penalty for violation of the Ordinance may exceed $10,000 for each day of the violation when it can be shown that there has been a previous violation of the same Ordinance provision by the same Person within the 5 preceding years; and
4. If the economic benefit resulting from the violation exceeds the applicable penalties, the maximum penalties may be increased for each day of the violation. For the purpose of calculation of an increased penalty under this section only, the maximum increase may not exceed an amount equal to twice the economic benefit resulting from the violation. Economic benefit shall, without limitation, include the costs avoided or enhanced value accrued at the time of the violation by the Violator not complying with the applicable legal requirements.
B. In setting penalties or requirements the following shall be considered:
1. Prior violations by the same Person;
2. The degree of environmental damage that cannot be abated or corrected;
3. The extent to which the violation continued;
4. Benefits derived by the Person as a result of the violation;
5. Importance of setting a civil penalty substantial enough to deter future violation; and
6. Whether penalties have been imposed by another governmental agency for the same incident(s).
Each failure to Segregate Waste under Section 402, or each Disposal of Waste which is in violation of this Ordinance or any other violation of this Ordinance is deemed to be a separate violation. Every day that a violation exists shall be deemed a separate violation.
D. Payment of any penalty assessed shall be made in cash or by a certified check drawn on a recognized financial institution, made payable to “Town of Jay” in an amount equal to the full extent of the penalty.
First, Sec. 26.
Section 606 JUDICIAL REVIEW
Any Person aggrieved by a final Selectmen action or decision in an enforcement or emergency proceeding pursuant to this Ordinance may seek judicial review in accordance with state law within thirty (30) days of the date of the final action.
Section 607 STAY
The filing of a complaint for Judicial Review shall not operate as a stay of the final action pending judicial review unless otherwise ordered by the Court.
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