[HISTORY: Adopted by the Board of Selectmen of the Town of
Kennebunkport 12-16-1993, as amended
through 7-9-2020. Subsequent amendments
noted where applicable.]
These rules and regulations for the collection, transportation and disposal of solid waste in the Town of Kennebunkport ("the Town") have been adopted by the Board of Selectmen as authorized by Chapter 179, Waste Management, Article II, Solid Waste, and should be read in conjunction with Chapter 179, Waste Management, Article II, Solid Waste. The rules and regulations may be updated by the Board of Selectmen from time to time. It shall be the responsibility of each licensed hauler to have the most current copy of the rules and regulations and Chapter 179, Waste Management, Article II, Solid Waste.
A.
The owner of each vehicle collecting solid waste for disposal at Pine Tree Waste/Casella in Westbrook shall obtain a permit for that vehicle from the Board of Selectmen prior to the use of that vehicle to collect and dispose of any waste in the Town. Permit applications shall be submitted to the Town on forms provided by the Town for that purpose. The Board of Selectmen shall review the application and may require the applicant to appear before the Board to provide relevant information and respond to questions. The Board shall make a decision within 60 days of receipt of a complete application and shall grant the permit upon a finding by the Board that the applicant has met all the requirements of Chapter 179, Waste Management, Article II, Solid Waste, these Rules and Regulations, and the Waste Handling Agreement dated December 27, 2012, and any amendments thereto between the Town of Kennebunkport and Pine Tree Waste/Casella in Westbrook. Permits shall be renewed on an annual basis in accordance with the foregoing procedures.
B.
Before obtaining a permit, every vehicle owner or hauler must establish
reasonable financial responsibility for delivering waste safely and
competently to the Pine Tree Waste/Casella in Westbrook facility on
behalf of the Town.
C.
Every vehicle owner or hauler seeking a permit under this section must agree to comply with the hauler regulations adopted from time to time by Pine Tree Waste/Casella in Westbrook with respect to delivery of waste to the Pine Tree Waste/Casella in Westbrook facility, including any regulation prohibiting delivery of unacceptable waste, as that term is defined in Chapter 179, Waste Management, Article II, Solid Waste.
D.
Every vehicle owner or hauler seeking a permit under this section
must agree to notify Pine Tree Waste/Casella in Westbrook's weigh
station operator and/or waste delivery inspector if their load contains
pathological waste or hazardous waste or is from a source such as
a hospital or other place likely to produce pathological waste or
hazardous waste.
A.
The following sites are approved disposal sites for each waste stream
listed. No other site shall be used for waste originating in the Town
without written authorization of the Board of Selectmen.
(2)
White goods: the Demolition Debris Transfer Station, Sea Road, Kennebunk
or Saco Steel, Saco.
(3)
Brush and demolition debris: Demolition Debris Transfer Station,
Sea Road, Kennebunk.
(4)
Hazardous waste: state approved site for the specific waste.
(5)
Recyclable material: every other week curbside or Recycle Transfer
Station, Sea Road, Kennebunk.
(6)
Stumps and grubbings: J.A. Simpson, Inc., 281 Jagger Mill Road, Sanford,
ME, or other licensed facility.
(7)
Organic waste (including fibrous materials and food waste): Maine
Department of Environmental Protection approved processing facilities
and composting facilities.
B.
Acceptable waste.
(2)
Acceptable
waste for Sea Road Demolition Debris Transfer Station: construction
and demolition debris, brush, leaves, lawn wastes. Other wastes acceptable
at the Demolition Debris Transfer Station include but are not limited
to asphalt shingles and nonrecyclable metal and plastic. [For additional
information and a list of acceptable sites for special wastes, call
the Maine Department of Environmental Protection, (207) 289-2111.]
C.
Any project required to be reviewed by the Planning Board for site
plan or subdivision approval is required to use a facility licensed
by the Maine Department of Environmental Protection.
A.
For each vehicle hauling waste to Pine Tree Waste/Casella in Westbrook,
an annual fee as set by the Board of Selectmen shall be assessed for
the period of June 1 to May 31 or any portion thereof.
B.
A fee for disposal of demolition debris will be charged as assessed
by current contractor of Sea Road Demolition Debris Transfer Station.
Cash payments will be accepted at the facility.
C.
A fee for white good disposal will be charged as assessed by current
contractor of Sea Road Demolition Debris Transfer Station. Cash payments
will be accepted at the facility.
Each vehicle which is issued a permit for use of the Pine Tree
Waste/Casella in Westbrook facility by the Selectmen may be issued
a placard which shall be affixed to the vehicle. The placard shall
be affixed to the vehicle at all times that waste is being collected
or conveyed to the approved disposal site.
The Town of Kennebunkport will pay the tipping fee for all acceptable
waste originating from and collected within the Town and delivered
to Pine Tree Waste/Casella in Westbrook. Tipping fees at all other
disposal facilities shall be the responsibility of the permitted hauler,
unless otherwise agreed to in writing by the Board of Selectmen and
the hauler.
A.
Only waste originating from and collected within the Town and delivered
to Pine Tree Waste/Casella in Westbrook shall be charged to the Town.
Each load charged to the Town shall consist solely of waste originating
from the Town.
B.
Waste collected within the Town shall not be mixed with waste from
any other community unless certified weighing equipment is built into
the truck to assure proper origin for municipal charge. Prior approval
of the Selectmen is required for each hauler to use such scales for
mixed loads.
Vehicles permitted to collect waste within the Town which is
to be delivered to Pine Tree Waste/Casella in Westbrook must be of
a suitable design which is acceptable to Pine Tree Waste/Casella in
Westbrook.
A.
Any permitted hauler servicing a residence shall collect all waste that has been left out to be picked up, including any items that may not be in containers, as a result of destruction of containers by animals, or other litter generated in connection with the waste disposal service. Any acceptable waste, once picked up at curbside, becomes the property of the hauler. Any resident or business putting unacceptable waste or unacceptably contained waste out for collection shall remove the waste within 24 hours of notification by the Town or shall be subject to a fine imposed by the Board of Selectmen in accordance with § 342-10.
B.
Acceptable containers. In connection with the curbside waste collection
service provided by the Town, the following containers shall be acceptable:
(1)
Cans or containers having handles, with a capacity not exceeding
35 gallons. Such cans or containers shall be tapered so that the diameter
of the top is larger than the diameter of the bottom. They must have
mechanically locking covers (friction or catching covers). The contents
plus the container must not exceed 40 pounds. All containers are to
be identified with either the family surname or with the street name
and house number.
(2)
Unacceptable containers shall include paper bags, plastic bags (usage
inside proper containers is approved), cardboard boxes, and fifty-five-gallon
drums. Loose or bundled waste is not acceptable. All containers must
be in good condition. It is the responsibility of the hauler to determine
the acceptability of containers. Unacceptable containers will not
be collected, or if not in good condition, may be removed with the
trash.
(3)
Any person or business putting waste out for curbside collection earlier than 4:00 p.m. the day prior to scheduled collection or failing to remove their containers from curbside within 24 hours of pickup shall be subject to a fine imposed by the Board of Selectmen as stated in Chapter 179, Waste Management, Article II, Solid Waste, § 179-10.
C.
Five containers per residence are the limit allowed for weekly curbside
pickup.
The selectmen may impose a fine up to $1,000 plus all costs incurred by the Town, including legal fees, for each infraction of Chapter 179, Waste Management, Article II, Solid Waste, or these Rules and Regulations. Each waste load or day of violation shall be considered a separate violation which is subject to a separate fine.
Each permitted hauler delivering waste to Pine Tree Waste/Casella
in Westbrook shall supply a customer list to the Board of Selectmen.
This list will be used to determine if the total amount of waste delivered
to Pine Tree Waste/Casella in Westbrook is reasonably related to the
amount of waste generated by that hauler's customers and for such
other purposes as the Selectmen determine to be necessary. The total
number of seasonal and year-round customers shall be set forth. Each
permitted hauler shall notify the Town on a monthly basis of changes
in its customer list. These lists will be kept confidential by the
Town.
Unless otherwise approved by the Town, hours of solid waste
collection, for all permit holders, shall start no earlier than 6:30
a.m. and shall be completed no later than 6:00 p.m.
No permit shall be transferred to any person or to any other
vehicle, and no permit fee shall be refunded if the permitted activity
is ceased prior to the expiration of the permit. Purported transfers
not in accordance with this section are void.
Whenever a permit is in effect, the permittee shall be responsible
for notifying the Board of Selectmen in writing of any material change
in facts set forth in the application for the permit within seven
days thereafter. Failure to comply with this requirement shall be
a violation of this chapter.
A permit may be denied, suspended or revoked by the Board of
Selectmen upon a determination of the existence of one or more of
the following grounds:
A.
Failure to fully complete the application forms, knowingly making
an incorrect statement of a material nature on such form, failure
to supply any additional documentation required or reasonably necessary
to determine whether such permit should be issued, or failure to pay
any fee required hereunder.
C.
The permittee has failed to comply in any material respect with Pine
Tree Waste/Casella in Westbrook's hauler regulations on two or more
occasions within a twelve-month period.
A.
A permit may not be revoked or suspended without prior notice to
the permittee and a hearing.
B.
In the case of the suspension or revocation of a permit, a hearing
shall be given to the permittee and a statement of the nature of the
complaint constituting the basis for the proposed action shall be
included in the notice of hearing. Unexcused failure of permittee
to appear at the hearing shall be deemed a waiver of the right to
said hearing.
C.
Upon a determination that immediate and irreparable harm will be
suffered by the public prior to the time that a hearing on suspension
or revocation of a permit can be scheduled and upon a finding of probable
cause for such suspension or revocation, the Board of Selectmen may
suspend a permit, pending hearing, effective upon the giving of actual
notice to the permittee, provided that the Board of Selectmen shall
give an opportunity to be heard as soon as practicable thereafter.
At any hearing, the permittee shall be given the opportunity to answer
the complaint and to present evidence. The complainant shall also
be notified of the hearing and given the opportunity to be heard.
D.
All suspensions or revocations shall be based upon substantial evidence
and all hearings shall be conducted with substantial fairness. Strict
adherence to the rules of evidence shall not be required.
E.
All hearings on suspension or revocation of permits shall be held
within 30 days of delivery to permittee of the statement of complaint.
The Board of Selectmen shall give notice of the time and place
of the hearing by regular United States mail at least seven days in
advance of the hearing date. Failure of any person other than the
permittee or complainant to receive a notice of hearing shall not
necessitate another hearing and shall not invalidate any action taken
as a result thereof.
Any person aggrieved by a decision of the Board of Selectmen
under these rules and regulations may appeal therefrom to the Superior
Court in accordance with the provisions of Rule 80B of the Maine Rules
of Civil Procedure.
These rules and regulations as amended shall be effective as
of March 1, 1994.
