Town of Cumberland, ME
Cumberland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
The purpose of this article is to protect the health, safety, and general welfare of the residents of Cumberland by protecting the quality of the Town's groundwater through the regulation of activities and land use practices.
The requirements of this article shall apply to all areas designated as aquifer protection (AP) on the Official Aquifer Protection Map which shall be adopted as part of this chapter. Aquifer protection areas shall be determined on the basis of the most recent data available from the United States Geological Survey and Maine Geological Survey and other public sources.
A. 
Disposal of hazardous waste materials is prohibited.
[Amended 2-25-2013]
(1) 
Hazardous waste shall have the same meaning as contained in 42 U.S.C. § 6903(5):
§ 6903(5) The term “hazardous waste” means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may
(A)
cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(B)
pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(2) 
In addition to those materials identified as hazardous waste by the United States Environmental Protection Agency in accordance with 42 U.S.C. § 6903(5) above, hazardous waste shall also include any and all materials designated as hazardous waste by the State of Maine Board of Environmental Protection, pursuant to its rule-making authority in 38 M.R.S.A. § 1319-O, and in accordance with the definition located at 38 M.R.S.A. § 1303-C15.
B. 
The following uses shall only be allowed upon a positive finding by the Planning Board that the proposed use, with any conditions imposed by the Board, will not adversely affect the quality of groundwater:
(1) 
Disposal of solid waste, other than brush or stumps, as permitted by the Town of Cumberland Solid Waste Ordinance.[1]
[Amended 2-25-2013]
[1]
Editor’s Note: See Ch. 235, Solid Waste.
(2) 
Storage of road salt or other deicing agents.
(3) 
Animal feedlots which hold more than three animals per acre or, in the case of poultry, which hold more than 150 animals per acre.
(4) 
Manure piles or storage pits in excess of 50 cubic yards or, in the case of poultry manure, in excess of 20 cubic yards; manure shall otherwise be disposed in accordance with the provisions of § 315-37A.
(5) 
Storage of petroleum or other refined petroleum products, not to include the storage of petroleum products used for residential purposes.
[Amended 2-25-2013]
(6) 
Disposal of other leachable materials, including, but not limited to, compost or stumps in excess of 50 cubic yards, brush spread over an area of more than 10,000 square feet, asphalt, liquid or semisolid sludges, roadway snow, and waste oils, not to include single-family and two-family residential septic systems. Burning of stockpiled compost, brush, and stumps is prohibited.
[Amended 2-25-2013]
(7) 
Extraction of earth materials.
(8) 
Any residential, commercial, industrial, institutional, or governmental development, including subdivision, which occupies a land or water area in excess of 20 acres.
(9) 
Storage of hazardous materials as defined by 42 U.S.C. § 9601(14) or hazardous waste as defined herein at § 315-36A.
[Added 2-25-2013]
[Added 2-25-2013]
A. 
Expansion of existing uses. The expansion by size, area, intensity or type of an existing commercial or industrial use, or the addition of a new use, shall be reviewed prior to the expansion or addition of a new use and shall require a positive finding pursuant to the criteria above in § 315-36B and approval in accordance with Chapter 229, Site Plan Review. For purposes of this section, "intensity" shall mean an increase in business operations, including, but not limited to, products, materials and services.
B. 
Inspection of new uses. All uses within a designated aquifer protection area approved subsequent to the effective date of this section and pursuant to the criteria above in § 315-36B and Chapter 229, Site Plan Review, are subject to periodic, but at a minimum annual, inspection by the Code Enforcement Officer to ensure continued compliance with the findings and approval of site plan review. Notice of inspection shall be provided to the property owner at least 14 days in advance.
C. 
Inspection of existing uses.
(1) 
Existing commercial or industrial uses that were in lawful existence on January 31, 2013, shall be subject to a preliminary inspection by the Code Enforcement Officer within six months of the effective date of this section. The preliminary inspection shall include review and inventory of materials that are used, stored, manufactured or produced within the course of the existing business that could be deemed hazardous waste or could adversely affect the quality of groundwater. Material safety data sheets (MSDS) and spill prevention and containment programs and policies may be requested if applicable. Notice of inspection shall be provided to the property owner at least 14 days in advance.
(2) 
If, following preliminary inspection, the Code Enforcement Officer issues a notice of noncompliance, the property owner shall remedy the noncompliance within 30 days of receiving said notice. If the property owner fails to remedy the noncompliance within 30 days of receiving a notice of noncompliance from the Code Enforcement Officer, the Code Enforcement Officer may order all nonconforming materials removed and/or the closure of the operations that are in violation thereof.
(3) 
Subsequent to preliminary inspection, all existing, nonconforming or previously approved commercial or industrial uses are subject to periodic, but at a minimum annual, inspection by the Code Enforcement Officer to ensure continued compliance with the Code Enforcement Officer’s preliminary inspection report. Notice of inspection shall be provided to the property owner at least 14 days in advance.