[Adopted 3-12-1988 ATM by Art. 68]
The purpose of this article is to:
A.
Provide the Town of Shapleigh with a means of overseeing
the activities of waste disposal facilities to ensure that they comply with
regulations the town deems essential to protect the health, safety and welfare
of its residents, pursuant to 30-A M.R.S.A. § 3001.
B.
Protect surface and groundwater resources of the Town
of Shapleigh from contaminants which can reasonably be expected to accompany
the activities of waste disposal facilities and thereby to preserve the quantity
and quality of this resource for present and future use.
As used in this article, the following terms shall have the meanings
indicated:
The discharge, deposit, injection, dumping, leaking, spilling, incineration
or placing of any solid waste in or on any land or water.
As defined in 38 M.R.S.A. § 1303-C(15), means a waste substance
or material, in any physical state, designated as hazardous by the Board of
Environmental Protection under 38 M.R.S.A. § 1319O. It does not
include wastes resulting from normal household or agricultural activities.
Useless, unwanted or discarded solid material with insufficient liquid
content to be free-flowing, including but not limited to rubbish, garbage,
scrap materials, junk, refuse, inert fill material and landscape refuse, but
excepting fill material which consists solely of soil and rock.
Any waste emanating from sources other than typical domestic and
commercial establishments that is not readily compatible within a waste facility
at which it may be handled. A waste is considered special when it exists in
such an unusual quantity or such a chemical or physical state, or any combination
thereof, as to disrupt or impair effective waste management or threaten public
health, human safety or surrounding natural resources when it is to be handled
at a waste facility that is not appropriately located, designed or operated
to receive such waste.
This term shall include hazardous waste, solid waste, special waste,
sludge and septage.
Any land area, structure, location, equipment or combination thereof
used for the disposal of waste. A land area or structure does not become a
waste disposal facility solely because:
It is used by its owner for disposing of septage from his residence;
It is used by an individual homeowner or lessee to open-burn leaves,
brush, dead wood and tree cuttings accrued from normal maintenance of their
residential property, when such burning is permitted pursuant to 12 M.R.S.A.
§ 9301; or
It is used by its residential occupant to burn highly combustible domestic
household trash such as paper, cardboard cartons or wood boxes, when such
burning is permitted pursuant to 12 M.R.S.A. § 9301.
A.
No person, firm or corporation shall construct or operate
a waste disposal facility within the municipality without obtaining a license
from the town. Therefore, the disposal of any solid waste, hazardous waste,
special waste, septage or sludge (hereafter referred to as "waste") is strictly
prohibited except at the site of waste disposal facilities which have secured
all necessary state and local license(s) and permit(s).
B.
Said license shall not be transferable without prior
written approval of the Planning Board where the purpose and consequence of
the transfer is to transfer any of the obligations of the developer as incorporated
in the license. Such approval shall be granted only if the applicant or transferee
demonstrates to the Planning Board that the transferee has the technical capacity
and financial ability to comply with conditions of the license and the proposals,
plans and supporting documents contained in the application for license.
C.
The license shall be posted on the premises.
D.
All licenses shall expire three years from the date of
issue unless otherwise stated on the license or revoked or suspended sooner
in accordance with the provisions of this article. It shall be the responsibility
of the licensee to reapply for license renewal in a timely manner. A licensee
applying for license renewal may continue to operate the waste facility while
the application is pending, provided that said licensee applied for license
renewal in a timely manner.
E.
All owners of waste disposal facilities which are currently
in operation shall apply for a license within 90 days of the effective date
of this article.
A.
The applicant shall have the burden of proof that the
facility is in compliance with the requirements of this article.
B.
An application for a new license shall be submitted to
the Planning Board, including the following information:
(1)
The name and address of the applicant, the names and
addresses of any persons or entities associated with the applicant for the
purpose of waste disposal; the names and addresses of any waste disposal facilities
with which the applicant has had previous experience.
(2)
A complete copy of the application submitted to the Maine
Department of Environmental Protection under the requirements of the Site
Location of Development Rules (Chapter 372 et seq.) or DEP's Solid Waste
Management Rules (Chapter 400 et seq.). This copy shall include all submissions
required under Chapter 372 et seq. of the Site Location of Development Rules
and Chapter 400 of the Solid Waste Management Rules.
(3)
If not included in Subsection B(1), a description of methods to control leachate generation and movement.
(4)
If not included in Subsection B(1), plans for final closure of the facility and post-closure maintenance of the site, including information on the timing of closure, cover materials to be used, frequency of maintenance following closure and methods to control methane generation and movement.
(5)
Plans for an alternate water supply to replace private wells which could be affected by the disposal facility, including proof of the availability of an alternative source of supply and estimates of the cost to develop this alternate supply (as outlined in § 80-32B).
(6)
General characterization of wastes proposed for disposal;
estimate of the proportions of different types of waste proposed for disposal;
compatibility of different wastes with each other; compatibility of wastes
with the liner.
C.
The Board shall, within 10 days of receiving a license application, notify the applicant whether the application is complete. If the application is determined to be incomplete, the Board shall notify the applicant, in writing, of the specific information necessary to complete it. In reviewing applications determined to be complete, the Board may require additional relevant information which is necessary to determine whether the proposed facility fulfills the purpose of the ordinance and its specific standards of review, as listed in § 80-29B.
D.
An application for a new license shall be accompanied
by a fee of 2% of the estimated construction cost of the waste disposal facility.
Construction cost, defined as the cost to design, engineer and construct the
waste disposal facility, including all on- and off-site improvements, shall
be estimated by the design engineer and approved by the Board or its agent.
Such fee shall be used by the Board to hire the engineering, geological, planning
or other expertise necessary to assist in proposal review. Any accumulated
interest on the fee may also be used by the Board for such purposes. The unexpended
balance on the account shall be returned to the applicant after a final decision
on the application is rendered. If the Board and the applicant mutually agree
upon the qualifications and acceptability of all technical experts employed
in the design of the facility, the Board may waive all or part of this requirement,
provided that the public health, safety and welfare are protected and the
objectives of these regulations are met. An application for a license for
an existing facility or for a facility which will not involve construction
shall be accompanied by a fee of 2% of the fair market value of the land and
facility, or $1,000, whichever is greater.
E.
An application to renew a license shall be submitted
to the Board accompanied by a fee of $500 payable to the town, a written report
on the facility operation since the previous license was issued which demonstrates
the facility's continuing compliance with this chapter and all groundwater
monitoring results from the previous license period.
A.
A hearing shall be held by the Planning Board within
90 days of the receipt of a complete application for a new license or 30 days
for a license renewal. When considering an application for a new license,
the Board may extend this period to no more than 180 days if more time is
necessary to conduct a thorough review of the application. At the hearing,
the Planning Board shall receive evidence on the location and operation of
the proposed facility, including but not limited to location and design, volume
of traffic generated, condition of screening, proximity of residences to the
site, proximity of drinking water wells, adequacy of methods to control leachate
generation and movement, adequacy of methods to control methane generation
and movement, compatibility of liner and wastes and other factors relevant
to the proposed facility and its operation.
B.
Within 30 days of the hearing, the Planning Board shall
issue a license only if, based on clear evidence, it makes the following written
findings:
(1)
The proposed facility meets the specific requirements
set forth in this article.
(2)
Adequate provision has been made for the containment
and treatment of leachate and the prevention of ground or surface water contamination.
(3)
Wastes proposed for disposal are compatible with each
other and with the liner.
(4)
The proposed use will provide adequate access for emergency
vehicles to the site and buildings on the site.
(5)
The provisions for buffers and on-site landscaping adequately
protect neighboring properties from detrimental features of the facility which
cannot be avoided by reasonable modification.
(6)
The proposed use will not have a significant detrimental
effect on the use and peaceful enjoyment of abutting property as a result
of noise, vibrations, fumes, odor, dust, glare or other causes which cannot
be avoided by reasonable modification of the plan.
(7)
The provisions for vehicular circulation on the site
and onto adjacent streets will not create safety hazards.
(9)
Adequate provision has been made to control erosion and
sedimentation.
(10)
Adequate provision has been made to control stormwater
runoff or other drainage problems on the site.
(11)
Adequate provision has been made for the transportation,
storage and disposal of hazardous materials as defined by state law.
(12)
The proposed facility will not have an adverse impact
on significant scenic vistas, significant wildlife habitat or significant
wetlands as identified in the Comprehensive Plan.
C.
The Board shall issue a written report stating its findings
of fact, its decision, the reasons for its decision and, if a license is issued,
any conditions attached to the license. Upon consideration of the factors
listed above, the Board may attach such reasonably necessary conditions to
a license as it finds necessary to fulfill the purposes of this article.
D.
Licenses are subject to the condition that the applicant
secure and comply with all applicable federal, state and local licenses and
permits prior to and during construction and operation of the waste disposal
facility.
A.
The facility shall comply with all operational and performance
standards included in the Maine Department of Environmental Protection's
Solid Waste Management Rules (Chapter 400 et seq.)
B.
The facility shall provide a landscaped buffer strip
to visually screen the use. Where no natural vegetation can be maintained
due to varying site conditions, the landscaping may consist of fences, walls,
tree planting, hedges or combinations thereof. The buffering shall be sufficient
to minimize the impacts of any kind of potential use, such as loading and
unloading operations, outdoor storage areas, waste collection and disposal
areas. The buffer areas shall be maintained and vegetation replaced to ensure
continuous year-round screening.
C.
Access to the disposal site shall be strictly controlled,
and all access roads to public or private ways shall be secured when the facility
is not open for operation to ensure that unauthorized or unsupervised dumping
does not occur.
D.
The operator shall continuously supervise the unloading
of refuse to ensure that only permitted wastes are handled at the facility.
The operator shall maintain a record of every vehicle which brings waste to
the facility, including the following information:
A.
All solid waste disposal facilities applying for a license
shall submit a closure plan with the application. The plan shall be approved
by the Maine Department of Environmental Protection and must meet the soil
conservation standards of the Soil and Water Conservation District and shall
include, as a minimum, all requirements specified in DEP's Solid Waste
Management Rules.
B.
The owner shall be responsible for compliance with the
closure plan and continued maintenance of the site following the facility's
closure.
A.
The Planning Board may, as a condition of the license,
establish any reasonable requirements to ensure that the owner has the ongoing
technical ability to meet state air and water pollution control standards,
such as:
(1)
Requiring the owner to employ a capable engineer or other
professional who is sufficiently knowledgeable and experienced in the disciplines
necessary to ensure that state air and water pollution control standards are
met.
(2)
Requiring a training program for the appropriate personnel
to ensure proper installation, operation and maintenance of pollution control
equipment, and proper operation of the facility.
(3)
Requiring provision for an independent consultant to
conduct on-site inspections during construction, at the developer's expense,
to ensure proper execution of plans as approved, including any conditions
imposed by the Board. If an independent consultant is required by the Board,
the developer shall establish an account, in an amount to be determined by
the Board, to provide for the hiring of engineering, geological or other expertise
to monitor and inspect construction of the facility. The unexpended balance
on the account shall be returned to the applicant. As an alternative, the
Board and the applicant may agree upon who the applicant will use for technical
resources.
B.
The owner must submit with his application proof of adequate provision for accidental occurrences during the active life of the facility and for a reasonable period following closure. This provision can consist of either liability insurance or establishment of a trust fund, which shall be equivalent in coverage or dollar amount to the cost of installing or a extending a public water supply to serve the area susceptible to contamination by landfill leachate and meeting the requirements listed in Subsection B(1) and (2) of this section. A certified geologist shall identify and map the area susceptible to contamination by the waste disposal facility based on local groundwater flow patterns, directions of flow, volume of water present and other relevant factors. Geologists and engineers shall estimate the cost of providing this area with a public water supply.
(1)
Liability insurance shall provide coverage equivalent in amount to the cost of providing a public water supply as set forth in this Subsection B. This coverage shall meet the following criteria:
(a)
Coverage must be provided for sudden and accidental occurrences
during active life and for a reasonable period following closure.
(b)
Coverage must be provided for nonsudden and accidental
occurrences during active life and for a reasonable period following closure.
(c)
If a liability insurance policy is written as a "claims
made" policy, an endorsement must provide for a discovery period of at least
12 months beyond the date of expiration or cancellation of the policy. The
endorsement must also provide that the underwriter will notify the public
in the following manner: At least 60 days, but no more than 90 days, prior
to the date upon which the policy will expire or be canceled, give written
notification to all owners of property abutting the facility and to the chief
elected official of the town, that insurance for the facility will expire
or be canceled, give date of expiration or cancellation, and that claims against
the insured must be filed within 12 months from the date of expiration or
cancellation, specifying where and how claims can be filed.
(2)
A trust fund shall meet the following criteria:
(a)
The total cost to provide a public water supply for the
susceptible area shall be divided by the total estimated volume handled by
the facility over its lifetime to determine a per-unit-of-volume contingency
fee. The owner shall deposit monthly into the trust fund the per-unit-of-volume
fee multiplied by the total volume received during the previous month.
(b)
The trust fund shall be administered jointly by the owner
and the town.
(c)
The trust shall be handled by a trust company which manages
no less than $200,000,000 worth of funds. Funds in the account shall be invested
in SEC-approved securities only, using the "prudent man" standard of investment.
Real estate investments are prohibited. Accumulated interest shall be reinvested
in the fund.
(d)
The cost of installing an alternate water supply shall
be reevaluated annually and the per-unit-of-volume contingency fee adjusted
accordingly as a condition of the license renewal.
C.
For all facilities proposing on-site disposal of more
than 25 tons of waste, the owner shall establish a closure/post-closure trust
fund adequate in terms and amount to assure closing of the site at the end
of its useful life in accordance with all state and federal requirements and
maintenance of the site subsequent to its closure. The total amount of the
trust fund shall be based upon a registered professional engineer's estimate,
approved by the Board or its agent, of closure costs and post-closure maintenance
costs. The owner or operator shall pay into this fund according to the following
requirements:
(1)
The total estimated closure cost and an endowment sufficient
in amount to generate in interest the annual post-closure maintenance cost,
plus a 10% contingency, shall be divided by the total estimated volume handled
by the facility over its lifetime to determine a per-unit-of-volume closure
fee. The owner/operator shall deposit monthly into the trust fund an amount
equal to the per-unit-of-volume closure fee multiplied by the volume deposited
in the landfill during the previous month. Estimated closure and post-closure
maintenance costs and total landfill capacity shall be reassessed annually
and adjusted to reflect current conditions as a condition of license renewal.
(2)
The trust fund shall be administered jointly by the town
or an agent approved by the town and the owner.
(3)
The trust shall be handled by a trust company which manages
no less than $200,000,000 worth of funds. Funds in the account shall be invested
in SEC-approved securities only, using the "prudent man" standard of investment.
Real estate investments are prohibited.
A.
Any duly authorized representative or agent of the town
may, upon presentation of appropriate credentials, at any reasonable time,
enter and inspect the facility, obtain samples of any waste, inspect and copy
records, reports, information or test results relating to the disposal of
solid waste, take photographs, or other actions necessary to ensure compliance
with the license.
B.
An agent or representative of the town shall be permitted
to independently sample monitoring wells installed around the landfill.
A.
Any license issued herein may be suspended or revoked, subsequent to notification procedures listed in Subsection B of this section, by order of the Police, Code Enforcement Officer or municipal officers for the following causes:
(1)
Violation of this article.
(2)
Violation of any provision of any state or local law,
ordinance, code or regulation which relates directly to the provisions of
this article.
(3)
Violation of any license conditions.
(4)
Falsehoods, misrepresentations or omissions in the license
application.
(5)
Failure to construct or operate the facility in accordance
with the plans.
(6)
Failure to meet air and water pollution control standards.
B.
Whenever the municipal officers or Code Enforcement Officer determine that there has been a violation by virtue of one of the conditions listed in Subsection A(1) through (6), they shall give written notice of such violation to the person, firm or corporation responsible.
(1)
The citation shall include a description of the violation
and shall allow reasonable time for remedial action.
(2)
The citation may contain an outline of remedial action
which, if taken, will effect compliance.
(3)
The citation shall state that unless corrections are
made within the allotted time, the violator is subject to prosecution and/or
license suspension or revocation pursuant to the provisions of this article.
C.
If the violator does not meet the terms of the citation,
the municipal officers, Code Enforcement Officer or police shall notify the
license holder, in writing, of the suspension or revocation of the license.
D.
The person, firm or corporation whose license has been
revoked/suspended is entitled to appeal to Superior Court.
A.
Civil penalties. Any person, firm or corporation violating
any of the provisions of this article or any conditions of the license shall,
upon conviction, be punished by a minimum fine of $500 and a maximum fine
of $2,500 for a first offense. Subsequent violations shall be punished by
a minimum fine of $1,000 and a maximum of $25,000. Each day such violation
exists shall constitute a separate offense.
B.
Reasonable attorney's fees and court costs incurred
by the town in prosecuting a violation shall be awarded by the town if the
town is the prevailing party.
The provisions of this article shall be severable, and if any portion
of it shall be held invalid, the remainder of this article and its application
thereof shall not be affected.
If any provision of this article conflicts with any provisions in another
municipal ordinance or state statute, the stricter provision shall apply.
An aggrieved party may appeal any decision under these regulations to
Superior Court.
