City of Augusta, ME
Kennebec County
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Table of Contents
Table of Contents
The purpose of this chapter is to promote the public health, safety and general welfare of residents and businesses in the City.
This chapter has been prepared in accordance with Title 1, Title 30-A and Title 38 of the Maine Revised Statutes Annotated.
A. 
This chapter applies to all properties in Augusta; sets standards for storage, collection and disposal of solid waste and rubbish/recyclables generated in the City; and outlines operating standards for public (municipal) and private collection and disposal operations.
B. 
In accordance with the provisions of 38 M.R.S.A. § 1304-B, the City hereby designates the Hatch Hill Solid Waste Facility as its waste facility as defined in 38 M.R.S.A. § 1303-C(40) for the disposal of solid waste as defined in 38 M.R.S.A. § 1303-C(29). The disposal of any solid waste generated within the City by any person, corporation or other legal entity at any place other than at this designated waste facility is prohibited. However, the owner of any lot, or any other person with the permission of the lot owner, may dispose of or dump inert substances such as earth, rocks, concrete, or similar material for fill purposes only, subject to state and local land use regulations. Materials from buildings which are being taken down, constructed or renovated shall be disposed of in accordance with the provisions of Article V of this chapter.
C. 
Rules and regulations for the safe and efficient operation of the Hatch Hill Solid Waste Facility are outlined in Article IV of this chapter.
D. 
Rules regarding commercial solid waste and/or septage waste facilities are found in Chapter 190, Part 3, of the City Code of Ordinances, as amended.
E. 
Special wastes, as defined in Chapter 400 of the Department of Environmental Protection, Bureau of Solid Waste Management, Solid Waste Management Rules, shall be stored, handled, managed and disposed of in accordance with said rules.
F. 
This chapter is not intended to prohibit residential composting on privately owned property so long as the compost is handled in accordance with the composting specification sheet available through the Public Works Department, does not create a nuisance, and does not pose a health threat.
This chapter shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, article, bylaw, permit, or provision of law. Where conflicts arise within this chapter, the stricter provision or requirement shall prevail.
In the interpretation and enforcement of this chapter, all words shall carry their customary dictionary meanings. Unless otherwise stated, for purposes of this chapter, certain words and terms used herein are defined in Chapter 300, Land Use, of the City Code and/or as follows:
ASH, DOMESTIC
The residue generated after the combustion of a material such as coal, wood, coke or any residue of combustion from residential use.
COLLECTION
Pick-up of solid waste by the Public Works Department or by private waste haulers.
COMPOST
The biological decomposition and stabilization of organic matter from residential properties, under controlled aerobic conditions of high temperature.
CURBSIDE
The area between private property and the travelled way of a public street. In portions of the City where there are no curbs, "curbside" shall mean the shoulder of the road.
DEPOSIT OR ACCUMULATION
Either word, or both used in a phrase, includes, but is not limited to, a mattress, a white good, bags of rubbish not stored in a plastic or metal container when outside (except as allowed by this chapter on pickup days), or any volume of unrelated material displayed in a disorderly manner on a property for more than a week, even if the items change over the course of a week.
GARBAGE
See "rubbish."
HAZARDOUS WASTE
As defined in 38 M.R.S.A. § 1303,[1] a waste substance or material, in any physical state, designated as hazardous by the Board of Environmental Protection under 38 M.R.S.A. § 1303-A.[2] It does not include waste resulting from normal household or agricultural activities. The fact that 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.
MUNICIPAL CURBSIDE COLLECTION
Collection of residential rubbish and recycling at the curb using a program managed and paid for by the City of Augusta.
NONRESIDENTIAL
Activities involving agriculture, forestry, fishing, finance, insurance, real estate, including, but not limited to, multifamily dwellings with five or more units, service, wholesale/retail trade and manufacturing activities as characterized in the Standard Industrial Classification Manual published by the Executive Office of the President, Office of Management and Budget, and on file in the Public Works Department, and any and all other commercial enterprises and businesses. Waste generated from construction sites of all types shall be considered nonresidential waste.
PERMIT
A valid, permanently attached Hatch Hill sticker or valid City residential three-trip pass.
RECYCLABLES
Those items collected by the City as outlined in § 237-8F.
RESIDENTIAL
Single- and multifamily dwellings (up to four units), including home occupations operating in accordance with Chapter 300, Land Use, of the City Code, boarding homes, land-leased communities and group homes. For purposes of this chapter, "residential" does not include nursing homes or rooming houses of more than three rooms which are considered nonresidential under the category of "services."
RUBBISH
Residential and nonresidential solid waste. Rubbish does not include wood waste, scrap metal, white goods, tires, special wastes, domestic ash and processing waste.
SOLID WASTE
As defined in 38 M.R.S.A. § 1303-C(29), useless, unwanted, or discarded solid material with insufficient liquid content to be free flowing, including, by way of example and not by limitation, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material, and landscape refuse, but shall not include septic tank sludge or agricultural wastes. The fact that a solid waste, or a part or constituent of the waste, may have value or other use or may be sold or exchanged does not exclude it from the definition of "solid waste." The term includes any residue or material which exists in excess to the owner at the time of such discard or rejection. Material located on a property in an unkempt or disorderly fashion shall be prima facie evidence that it is solid waste that is useless, unwanted, or discarded.
SPECIAL COLLECTIONS
Includes domestic ash collection, clean-up weeks, and others that may be scheduled by the City Manager in accordance with § 237-8B and F.
SPECIAL DROP-OFFS
Include, but are not limited to, household hazardous waste, Christmas trees and leaf drop-offs.
SPECIAL WASTE
As defined in 38 M.R.S.A. § 1303-C(34), any nonhazardous waste generated by sources other than domestic 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.
STORAGE
The temporary placement of solid waste, rubbish or recyclables.
[1]
Editor's Note: 38 M.R.S.A. § 1303 was repealed by L. 1989, C. 585, Pt. E, § 3. See now 38 M.R.S.A. § 1303-C, Subsection (15).
[2]
Editor's Note: 38 M.R.S.A. § 1303-A was repealed by L. 1987, c. 517, § 7, effective 6-29-1987. See now 38 M.R.S.A. § 1319-O.