[HISTORY: Adopted by the City Council of
the City of Bangor as Ch. V, Art. I, Secs. 15, 16, 19, 20 and 21;
amended in its entirety 6-28-1976. Subsequent amendments noted where applicable.]
[Amended 2-22-1988 by Ord. No. 88-96; 3-26-1990 by Ord. No. 90-118; 1-8-1996 by Ord. No. 96-66; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No. 01-58; 10-14-2009 by Ord. No. 09-303; 4-8-2013 by Ord. No.
13-116; 12-27-2017 by Ord. No. 18-044; 6-24-2019 by Ord. No. 19-261]
No person, corporation or legal entity shall dispose of solid
waste in any manner which is contrary to the provisions of this section,
as hereinafter described.
A.Â
Authority. This section is enacted pursuant to the authority granted
to the City of Bangor under the Constitution of the State of Maine,
the City Charter, 30-A M.R.S.A. § 3001 and 38 M.R.S.A. § 1304-B.
B.Â
Purpose. The purpose of this section is to promote the public health,
safety and welfare; to gain management control over solid waste and
enable the reclamation of resources, including energy therefrom; to
provide for the orderly operation of a solid waste disposal facility
pursuant to 38 M.R.S.A. § 1305, Subsection 1; to allow the
City to properly administer a contract with the waste processing facility
located in Hampden, Maine, owned by Coastal Resources of Maine, LLC
and/or its assignees, hereinafter referred to as the "Coastal Facility";
and to control commercial haulers and noncommercial haulers who collect
and transport solid waste within the limits of the City of Bangor.
C.Â
ACCEPTABLE SOLID WASTE
COMMERCIAL HAULER
HAULER
SOLID WASTE
UNACCEPTABLE SOLID WASTE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
(12)Â
(13)Â
(14)Â
(15)Â
USER
Definitions. Any terms, phrases and words not defined herein shall
have the generally accepted meaning or definition promulgated in Webster's
Seventh New Collegiate Dictionary (Copyright 1971). The terms, phrases
and words in this section shall have the following meanings:
All wastes which the Coastal Facility will accept, including
all ordinary household, municipal, institutional, commercial and industrial
wastes, refuse and discarded materials. Examples of acceptable forms
of solid waste are ordinary trash, plastic milk jugs and detergent
bottle, tin and aluminum cans, empty aerosol cans and cardboard and
paper.
An individual, corporation, partnership or other legal entity
who or which hauls solid waste for another from within the City limits
of the City of Bangor for compensation or hauls solid waste generated
by his, her or its own business.
An individual, corporation, partnership or other legal entity
who or which hauls unacceptable solid waste (waste not accepted at
Coastal) for themselves, itself or another from within the limits
of the City.
Shall have the same definition as set forth in 38 M.R.S.A.
§ 1303-C, as the same may be amended from time to time.
All waste that is not acceptable solid waste and will not
be processed by the Coastal Facility at its Hampden, Maine, facilities.
The following items are considered to be unacceptable forms of solid
waste:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Demolition or construction debris or material from building
and roadway projects or locations.
Liquid wastes or sludges.
Abandoned or junk vehicles or vehicle parts.
Hazardous wastes and flammable wastes.
Dead animals or portions thereof.
Infectious or biological waste.
Water treatment residues.
Tree stumps and yard debris including trees, sticks, branches,
leaves, grass and weeds, brush, and wood chips.
Tannery sludge.
Waste oil, lubricants, or fuel including gasoline and propane.
Paint and mastics.
White goods, such as freezers, refrigerators, washing machines,
dryers, stoves, air conditioners, or any good containing Freon or
form of chlorofluorocarbons and/or hydrochlorofluorocarbons.
Furniture, including mattresses, box springs, and sofas.
Electronic waste (e-waste), includes items such as televisions,
computers, monitors, phones, lithium batteries, and electronic items.
Tires.
An individual, corporation, partnership or other legal entity
who or which resides in the City of Bangor and/or has a business in
the City of Bangor which produces solid waste that is disposed of
by a commercial or unlicensed hauler.
D.Â
Flow control. Commencing April 1, 2018, all acceptable solid waste
generated within the City of Bangor shall be disposed of at the Coastal
Facility in Hampden by municipal residential curbside pickup or by
commercial haulers who are licensed as hereinafter provided.
E.Â
Licensing. All commercial haulers must obtain an annual license from
the office of the Bangor Public Works Department.
(1)Â
The Public Works Director shall devise an application form which
shall be approved by the appropriate Council committee prior to its
use. Each application must be accompanied by a list of the current
license plate numbers of all trucks owned by the applicant which are
to be used to haul waste to the Coastal Facility. The list shall be
kept up-to-date, and any changes must be reported immediately to the
Public Works office. Trucks with unregistered plates will not be permitted
access to the Coastal Facility.
(2)Â
Only vehicles which are in good operating condition, which have their
loads enclosed within a container or covered securely and which are
capable of discharging their loads on the Coastal tipping room floor
by mechanical means will be licensed.
(3)Â
Any individual or company who provides, places, or services any dumpster
or similar container for the collection or handling of acceptable
solid waste in the City of Bangor shall obtain a solid waste haulers
license.
(4)Â
All licenses are nontransferable.
F.Â
Fees. The City Council shall establish annual fees for the licensing
of commercial haulers, which shall include a basic fee and an additional
fee for each vehicle to be licensed. Haulers shall be required to
pay any fees for disposal which may be established by the City Council.
G.Â
Credit for tonnage. It shall be the responsibility of the commercial
hauler to ensure that the City of Bangor is given credit by the Coastal
Facility for all acceptable waste collected within the City of Bangor
and delivered to the Coastal Facility by said hauler. In the event
that acceptable solid waste collected by a commercial hauler within
the City of Bangor is commingled in a vehicle with any other solid
waste collected in any other municipality the commercial hauler shall
have a method acceptable to the City to determine the weight of the
solid waste collected within the City of Bangor. The commercial hauler
shall provide documentation to the City of Bangor, upon request, for
the amount of solid waste collected within the City of Bangor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.Â
Responsibilities of the hauler. The commercial hauler shall be held
fully responsible for the presence of unacceptable waste in the loads
delivered by them to the Coastal Facility. In the event that the commercial
hauler disposes of any unacceptable waste at the Coastal Facility,
said waste shall be immediately removed from said Coastal Facility
by the hauler at the hauler's expense or by the City or its agents,
with double the cost of removal and disposal to be billed to the hauler.
The hauler shall be fully responsible for the handling of waste between
its source in Bangor and the Coastal Facility in Hampden and shall
save the City of Bangor harmless from any or all claims of injury
or damage resulting from their hauling operations.
I.Â
Records. All commercial haulers shall provide the City of Bangor
Public Works Director with a list of all major users and a description
of all routes, which shall be initially submitted at the time of application
for license and shall be updated monthly. In addition, the driver
of each of the commercial hauler's vehicles shall identify the source
of each load on the weight ticket at the Coastal Facility, either
by route number or by the name of the commercial establishment if
the load is from a single source. The Public Works Director or their
agents shall have the right, upon reasonable notice, to inspect the
records of any commercial hauler as to the solid waste collected by
them within the limits of the City of Bangor.
J.Â
Payment. Each commercial hauler will be billed monthly for the total
tonnage delivered by them to the Coastal Facility from the City of
Bangor at a rate per ton equal to the sum of the current tipping fee
price, any administrative fees charged to support multijurisdictional
solid waste activities and a 1% City of Bangor administrative fee,
said billing to be done by the City of Bangor or its designated agent.
(1)Â
The City reserves the right to adjust the tipping fee from time to
time as may be necessary to defray its total cost of solid waste disposal;
however, the same tipping fee will be charged to all commercial haulers
within the City of Bangor.
(2)Â
Billing shall be done on a cycle to be determined by the Finance
Director. Payment shall be due and payable within 30 calendar days
from the date of invoice. Late payments shall be subject to the same
rate of interest as is in effect at the time for delinquent property
tax payments. Failure to pay within the prescribed time may result
in temporary suspension of the hauler's license until payment is received.
(3)Â
The Finance Director may also require licensed haulers to post a
payment bond or such other guaranty acceptable to the City Solicitor
to insure the financial capability of such haulers to meet required
payments to the City. Posting of bond or other guaranty may be required
of a licensed hauler who has failed to make timely payments of all
fees billed and whose license was temporarily or permanently suspended.
K.Â
Establishment and operation of disposal areas for special wastes. The City Council may from time to time establish rules and regulations for the disposal and/or transfer of special wastes, including but not limited to demolition debris, white goods, tires or other unacceptable wastes as defined in Subsection C, including the location, the hours of operation, the establishment and method of collection of disposal fees and any other appropriate conditions. The establishment of said facilities and the rules pertaining to the operation thereof, including fee schedules, shall be established by Council order, including subsequent amendments thereto.
[Amended 2-22-1988 by Ord. No. 88-96; 9-14-1998 by Ord. No. 98-339; 12-27-2000 by Ord. No.
01-58; 6-24-2019 by Ord. No. 19-261]
Any commercial hauler who violates any provisions of § 265-1 may receive a temporary suspension of their license to haul within the City or Bangor if, in the opinion of the Director of Public Works, the violation is considered to be a serious breach of the provisions of § 265-1. Upon notice to the commercial hauler of said temporary suspension, a public notice of said suspension will be issued and a hearing scheduled with the appropriate Council committee. If the committee upholds the decision of the Director of Public Works, then a penalty of $150 for each violation shall be levied against the commercial hauler, with each day of violation considered to be a separate offense. Said penalty shall be paid to the City prior to the reinstatement of the license. In the event that a commercial hauler shall have violated the provisions of § 265-1 for five days or more or on 10 or more separate occasions, the City Council shall have the right to revoke any existing license and refuse to grant a license in the future.
[Amended 1-14-1991 by Ord. No. 91-6; 1-8-1996 by Ord. No.
96-66; 11-14-2005 by Ord. No. 05-343; 5-8-2006 by Ord. No. 06-144; 11-23-2009 by Ord. No. 10-009; 2-8-2016 by Ord. No. 16-075; 8-26-2019 by Ord. No. 19-311]
The City of Bangor shall provide for the collection of acceptable
commingled residential solid waste and recyclable items in accordance
with the following rules and regulations.
A.Â
Designated residences. The City shall provide residential collection
to all single-family residences and multifamily residential units
where four or fewer units are located on a single parcel, provided
that said parcel has frontage on a City street. Service may be provided
to multifamily residential units in excess of four upon finding of
the Director of Public Works that such units cannot be serviced by
commercial providers due to their inability to place a collection
container of sufficient size to service the units in a location which
is acceptable to the City's Code Enforcement Division.
B.Â
Collection day and routes. The Director of Public Works shall establish
appropriate collection routes and the day on which each route shall
be collected.
C.Â
Time. Commingled residential solid waste and recyclables shall be
placed at the curb in front of or adjacent to the residence from which
such waste was generated no earlier than 5:00 p.m. on the day before
the scheduled day of collection and no later than 6:30 a.m. on the
scheduled day of collection to ensure collection. The City is not
responsible for collecting waste placed at the curb after this time.
D.Â
Handling. Waste must be placed in an approved, City-provided container
and the container's lid must be closed. Each residential unit shall
be provided with an approved container. The City is not responsible
for collecting waste outside of each residential unit's assigned container
or containers, or any waste in a container if the total weight of
the waste and container exceeds 250 pounds. Refuse which is packed
in containers so tightly that it cannot be disposed of through normal
collection procedures will not be collected, since collection personnel
will not reach into containers. Waste which exceeds the weight limit
may not be collected.
[Amended 4-27-2020 by Ord. No. 20-125]
E.Â
Containers and fees.
[Amended 4-27-2020 by Ord. No. 20-125]
(1)Â
Each residential unit will be provided one ninety-six-gallon container.
A resident may request an alternative container size of 35 gallons.
Any request for a change in container size after the first request
per household for a residential unit is subject to a fee.
(2)Â
Additional containers can be requested by a resident and will be
subject to a fee.
F.Â
Spilled waste. Spills resulting from overfilling, broken containers
or animal disruption are the responsibility of the resident and property
owner.
G.Â
Refused solid waste or recyclable items. Solid waste or recyclable
items that have been refused or are unacceptable for pickup shall
be immediately removed from the curbside. Residences shall be responsible
for ensuring that refused items are removed from the curbside or abutting
right-of-way. If, in the opinion of the Public Works Director or their
designee, leaving refused or unacceptable refuse would endanger the
health, safety, or welfare of the public, they may cause these items
to be collected in such a manner as they deem fit.
[Amended 1-14-1991 by Ord. No. 91-6; 9-27-1995 by Ord. No. 95-397; 1-8-1996 by Ord. No. 96-66; 2-13-2012 by Ord. No.
12-068; 3-10-2014 by Ord. No. 14-100; 8-26-2019 by Ord. No. 19-311]
A.Â
Commercial hauler yard debris/landscaping waste.
(1)Â
The Public Works Department shall accept yard debris/landscaping
waste, including the following: trees, brush, wood chips, tree limbs,
grass clippings, leaves, and other related vegetative matter.
(2)Â
The Public Works Department will not accept the following types of
yard debris: tree stumps, invasive plant species, rocks and boulders.
B.Â
Residential - yard debris.
(1)Â
Residents are required to deposit yard debris, including the following,
at the Public Works Department: trees, brush, wood chips, tree limbs,
grass clippings, leaves, and other related vegetative matter. The
Public Works Department will also schedule residential yard debris
cleanup days, providing curbside collection of the yard debris as
described above.
(2)Â
The Public Works Department will not accept the following types of
yard debris: tree stumps, invasive plant species, rocks and boulders.
C.Â
Permit. Any individual seeking to deliver yard debris or landscaping
waste to the Public Works Department must obtain an annual permit
from the City of Bangor which shall expire on June 30 of each year.
The permit may be obtained from the Public Works Department. Permits
must be displayed on the windshield of the permit holder's vehicle.
All permits are nontransferable. The City Council shall establish
the annual fee for resident and nonresident permit holders.
[Amended 1-14-1991 by Ord. No. 91-6; 9-27-1995 by Ord. No.
95-397; 11-14-2005 by Ord. No. 05-343; 11-23-2009 by Ord. No. 10-009; 4-8-2013 by Ord. No. 13-116; 8-26-2019 by Ord. No. 19-311]
A.Â
The following shall constitute violations of this chapter and shall
be punishable by fine or waiver fees as set forth:
(1)Â
Failure to remove uncollected waste. Failure to remove uncollected
or spilled waste prior to 10:00 p.m. on the scheduled day of collection
and placing waste at the curb earlier than 5:00 p.m. on the day before
pickup is prohibited. The Public Works Director or their designee
may, at their discretion, cause waste which is not removed pursuant
to this subsection to be collected in such a manner as they deem fit.
(2)Â
Disposal of rubbish and garbage on public or private property. No
person shall throw or place or cause to be thrown or placed upon the
premises of themselves or another located within the limits of the
City of Bangor any rubbish, garbage or debris of any kind, nor shall
any owner or occupant of any such premises suffer any such rubbish,
garbage or debris to remain on said premises after receiving notice
from the Chief of Police, Code Enforcement Officer or Director of
Public Works or their designees. Any person or persons so failing
to remove any such rubbish, garbage or debris for a period of seven
days after receipt of said notice shall be fined as designated below.
(3)Â
Unauthorized use of commercial or private containers. Placing waste
in any commercial or private solid waste container without the consent
of the owner or lessor of such container is prohibited.
(4)Â
Unauthorized taking of solid waste or recycling items. No person
not licensed to do so by the City of Bangor shall take any solid waste
or recyclable item placed by any residence or business for pickup
and removal by the City of Bangor or its licensees.
(5)Â
Unauthorized taking of yard debris. No persons not permitted to do
so by the City of Bangor shall take any yard debris to the Public
Works Department without a permit.
(6)Â
Unauthorized taking of unacceptable yard debris. No person shall
deposit any unacceptable yard debris as defined herein at the Public
Works Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
Penalties.
(1)Â
Initial violations of this chapter, violations covered by § 265-5A(4) and B(4), shall be subject to a fine of $50. Additional violations within a one-year period shall be subject to larger fines as follows:
[Amended 3-14-2022 by Ord. No. 22-108]
|
Number of Violations
|
Fine
|
|---|---|
|
2
|
$100
|
|
3
|
$250
|
|
4
|
$500
|
|
5 or more
|
$1,000
|
(2)Â
Repeated violators will be subject to termination of City-provided
garbage collection. In the case of multifamily units, collection services
may be terminated for an entire structure or complex and the owner
required to provide private collection as necessary to ensure the
public health and safety. The Director of Public Works shall have
the authority to terminate collection services.
(4)Â
The Director of Public Works shall have the authority to terminate collection services for nonpayment of annual invoice for additional containers as outlined in § 265-3E(2). Termination of service to the additional container(s) will not take place until at least 30 days after issuance of the annual invoice for the additional container(s). Termination of service to all containers at the address will not take place until at least 60 days after issuance of annual invoice for additional container(s). Collection service will be restored on the next regularly scheduled collection day after the invoice is paid or after the additional container(s) is/are returned to Public Works.
[Added 3-14-2022 by Ord. No. 22-108]
C.Â
Reimbursement. All costs to the City for collection of refuse pursuant to § 265-3G or § 265-5A(1) may be billed to the owner or resident of the residence from which the refuse originated. Failure to pay said bill may result in the placement of a lien upon said residence.
[Amended 4-27-2020 by Ord. No. 20-125]
D.Â
Decisions and penalties made pursuant to this chapter may be appealed
to the City Manager or their designee. If dissatisfied with the Manager's
decision, appeal may be made to the appropriate Council committee.
In cases of termination of service, service shall remain terminated
during the appeal process.
