Town of Kittery, ME Definitions

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Solid waste words or terms not specifically defined in this section have the meanings ascribed to them in Chapter 400, Section 1 of the State of Maine Solid Waste Management Regulations, as adopted and amended by the Board of Environmental Protection or, in the absence thereof, those meanings commonly accepted for the terms being used.

For purposes of this chapter and for rules and regulations adopted by the Town Council, the following terms have the following meanings unless the context indicates otherwise:

ACCEPTABLE WASTE

All those types defined in this section, including all ordinary household, municipal, institutional, commercial and industrial wastes with the exception of unacceptable materials as defined in this section.

AGENCY

The Maine Waste Management Agency.

BOARD

The Board of Environmental Protection.

BULKY MATERIAL

An item occupying a space of one cubic yard or more and includes, but is not limited to, motor vehicles or portions thereof, trailers, floats, boats, tanks of 200 gallons or more, building sections, commercial equipment, camper tops, etc.

COLLECTION FACILITY

The building or area designated by the Council in which acceptable waste is deposited and temporarily stored for transshipment for disposal.

COMMERCIAL HAULER

Any person engaged in handling and hauling solid waste, with or without direct compensation or as a tenant service provided by an owner or facility management, to five or more residents or businesses.

COMPOST MATERIAL

Leaves, grass clippings, herbaceous plants, separated food waste, and sawdust.[1]

DISPOSAL

The discharge, deposit, dumping or placing of any solid waste into or on any land.

DISPOSAL FACILITY

The location as operated by the agency identified in a contract between the Town and a selected provider.

FERROUS METALS

Any iron-containing commodity categorized as No. 1 and No. 2 steel, cast iron, and light iron/white goods.

FREEBIE

Any item, clean and in good repair, that may be accepted at the "freebie barn" for disposal by no-cost transfer to any interested resident.

GARBAGE

All putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

GOOD NEIGHBOR

A person with a valid solid waste facility decal who may transport acceptable waste to the solid waste facility for their own disposal and from no more than three other locations within Town.

HANDLE

To store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose.

HAZARDOUS WASTE

A waste substance or material, in any physical state, designated as hazardous by the Board under 38 M.R.S. § 1319-O, and contained in Section 3 of DEP 06-96, Chapter 850. It does not include waste resulting from normal household or agricultural activities. The fact that a hazardous waste or a part or a constituent may have value or other use or may be sold or exchanged does not exclude it from this definition. Such waste is that with inherent properties that make it dangerous to manage by ordinary means, including but not limited to chemicals, explosives, pathological wastes, radioactive wastes, toxic wastes and other wastes defined as hazardous by 38 M.R.S. § 1301 et seq., the State of Maine or the Resource Conservation and Recovery Act of 1976, as amended, or other federal, state or local laws, regulations, orders or other actions promulgated or taken with respect thereto.

HOUSEHOLD HAZARDOUS WASTE

Any hazardous waste material excluded from identification as a hazardous waste by Maine Solid Waste Management Rules Chapter 850, Section 3.A(4)(vii), including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused because it is generated by households.

HOUSEHOLD WASTE

Any waste material including rubbish, garbage and trash derived from households (including single and multiple residences, hotels and motels, bunkhouses, picnic grounds, and day-use recreation areas.)

LANDFILL WASTES

That portion of the waste stream that is not presently recovered and includes, but is not limited to, plaster, insulation, plastic items, vinyl siding, furniture, toys, porcelain plumbing fixtures, lobster traps, fish nets, linoleum, rugs, rubber hose, vines, thorn bushes, etc.

MAINE SOLID WASTE MANAGEMENT RULES

Chapters 400 through 419, inclusive, that have been adopted by the Board of Environmental Protection and are in effect pursuant to the requirements of the Maine Administrative Procedure Act, 5 M.R.S. § 8051 et seq.

MANDATORY RECYCLING

The requirement that person(s) must separate recyclables from their trash as defined in this section.

MANUFACTURED WOOD WASTES

Man-made wood products that were milled or composted from a wood base and are normally manufactured objects, demolition or construction waste.

NATURAL WOOD WASTES

Logs, limbs, brush, bark and wood chips.

NONFERROUS METAL

Any metals devoid of iron content and generally categorized as copper, brass, aluminum or lead.

PUBLIC PLACE

Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, beaches, squares, spaces, grounds and buildings.

RECOVERABLE WASTES

The recovery of, or potential for future recovery of, materials or substances that have useful physical or chemical properties and can be reclaimed for reuse or recycled for the same or other purposes and includes, and is limited to, landfill wastes, compost materials, lead acid batteries, ferrous metals, nonferrous metals, tires, waste oil, manufactured wood wastes and natural wood waste, and inert fill.

RECOVERY FACILITY

Those areas of the solid waste facility apportioned to spaces used for the separation and temporary storage of resource-recovery, reuse and landfill disposal materials.

RECYCLABLES

Manufactured materials or residues that may be reused or reprocessed into similar or different use.

RECYCLING

The separating, collecting and/or reprocessing of manufactured materials or residues for reuse either in the same form or as part of a different product.

RESOURCE RECOVERY

The recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes.

REUSE MATERIALS

Items with potential lifecycle remaining, including those that may require minor repair, cleaning etc., that facility attendants may allow to be set aside in a designated reuse set-aside section, with appropriate fee paid to the resource-recovery facility, for removal and possession by any interested resident.

RUBBISH

Domestic or commercial solid wastes other than trash as defined in this section that is normally not generated on a day-to-day basis and may be in a mixed condition prior to recovery or handling and includes, and is limited to, landfill wastes, compost materials, lead acid batteries, ferrous metals, nonferrous metals, tires, waste oil, manufactured wood wastes and natural wood wastes.

SOLID WASTE FACILITY

The coordinated facility designed to handle acceptable solid waste with segregated subfacilities for the transfer, recycling, resource recovery or landfill of materials, as appropriate, located on MacKenzie Lane.

SOLID WASTES

Any acceptable discarded or unwanted solid organic or inorganic material with insufficient liquid content (excepting waste oil) to be free-flowing and consists of garbage, trash, rubbish; freebie, recyclable, reuse or recoverable materials; and landfill or universal waste, but does not include unacceptable wastes as defined in this section.

SPECIAL WASTE

Any solid waste generated by sources other than household and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that 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 includes, but is not limited to:

(1)

Ash;

(2)

Industrial and industrial process waste;

(3)

Sludge and dewatered septage;

(4)

Debris from nonhazardous chemical spills and cleanup of those spills;

(5)

Contaminated soils and dredge materials;

(6)

Asbestos and asbestos-containing waste;

(7)

Sand-blast grit and nonliquid paint waste;

(8)

High and low pH waste;

(9)

Spent filter media residue; and

(10)

Shredder residue.

TRASH

That portion of domestic and commercial solid waste that is generated on a day-to-day basis and includes, but is not limited to, garbage; paper products, bags, magazines, cartons, newspaper, cardboard; cloth; ceramics, dishes, cups, ovenware; glass, bottles, light bulbs, window panes; aluminum cans, foils; pans; tin cans; plastic items, containers, jugs; and other similar materials.

UNACCEPTABLE MATERIALS

By their physical or chemical properties, any solid, semisolid, liquid or gaseous organic or inorganic material that exists in a toxic, hazardous or physical state that may create a danger or nuisance to the public health, safety and welfare and/or cannot be properly disposed of, handled or processed at the solid waste facility and include, but are not limited to:

(1)

Special waste, bulky materials or wet waste, as defined in this section;

(2)

Hazardous waste (excepting waste oil and lead-acid batteries);

(3)

Stumps or logs greater than 12 inches in diameter;

(4)

Dead animals or portions thereof or other pathological wastes;

(5)

Demolition or construction debris from building and roadway projects or locations;

(6)

Liquid wastes or sludge;

(7)

Abandoned or junk vehicles;

(8)

Water treatment residues;

(9)

Tannery sludge;

(10)

Recyclables and/or recoverable wastes mixed in with solid waste; and

(11)

Any waste as deemed unacceptable by a facility attendant under the terms of an agreement for waste disposal between the Town and its contracted service provider.

UNIVERSAL WASTE

Any waste listed in Section 3.A(13)(b) of Chapter 850, the Maine Hazardous Waste Management Rules, including but not limited to cathode ray tubes; mercury-containing lamps; mercury-containing thermostats; and totally enclosed, nonleaking polychlorinated biphenyl (PCB) ballasts.

WASTE

Any of the categories of material to be disposed of as defined in this section.

WASTE OIL

A petroleum or synthetic-based oil which, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

WET WASTE

Water or snow that has percolated through and mixed with trash, causing a waste leachate that adds weight to the trash and can contaminate the solid waste facility equipment and grounds.

[1]

Editor's Note: The definition of "Department," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1.1, Code Adoption).