1.3: DEFINITIONS

Acceptable Waste: Wastes to be acceptable for transport to the Facility shall include all Acceptable Waste, as that term is defined in a certain Waste Handling Agreement (the “Agreement”) dated December 27, 2012 and any amendments thereto between the Town of Kennebunkport and the Company.

Notwithstanding the above limitations, Acceptable Waste shall Include Specially Permitted Waste, and shall Include lobster shells and bodies, and fish scales, bones, and heads, and other similar waste normally associated with small scale fishing and lobstering operations or restaurants provided that entire truck loads of fish or lobster waste, may be excluded from the definition of Acceptable Waste at the Company’s sole option and that the Facility is not a substitute for a rendering facility for fish processing wastes.

Agreement: The Waste Handling Agreement dated December 27, 2012 between the Town of Kennebunkport and Pine Tree Waste, Inc. and Casella Waste Systems, Inc.

Approved Disposal Facility or Site: The appropriate disposal site for each type of waste such as, by way of example only, Town of Kennebunk Sea Road Transfer Station for demolition debris, Company’s transfer station wtihin the City of Westbrook, Maine or the Company’s alternate or ancillary licensed facilities.  The Town Manager shall determine the appropriate disposal site(s) for the various types of waste.

Company: The two companies that, in addition to the Town, are parties to the Agreement; Pine Tree Waste, Inc. and Casella Waste Systems, Inc.

Delivery Hours: Those hours established by the Selectmen in compliance with the Agreement that acceptable wastes may be delivered to the Facility.

Disposal: The discharge, deposit, dumping or placing of any solid waste into or on any land or body of water, or the incineration of any solid waste.

Disposal Facilities: Any land or structure or combination of land area and structures, including dumps and transfer stations used for storing, salvaging, reducing, incinerating or disposing of Acceptable Waste pursuant to the Agreement, including any transfer station or similar facility which may be constructed by the Town in connection with the use of the Disposal Facilities.

Facility: The Company’s transfer facility within the City of Westbrook, Maine, together with any ancillary facilities which are now or may hereafter be owned by Company or any affiliate of Company.

Hauler: Any entity or person licensed by the Selectmen to collect and haul solid waste in the Town.

Hazardous Waste: All hazardous waste, as that term is defined in the Agreement, including but not limited to any waste which by reason of its composition, characteristics or other inherent properties is dangerous to handle by ordinary means, or which may present a substantial endangerment to health or safety, or which presents a reasonable possibility of adversely affecting the operation of the disposal facilities.  “Hazardous Waste” shall also mean Waste which is defined as harmful, toxic, dangerous or hazardous at any time pursuant to (i) the Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended; and (ii) the Maine Hazardous Waste Septage and Solid Waste Act, 38 M.R.S.A. 1301 et seq., as amended; and (iii) any other Federal, State, county or local codes, statutes or laws; and (iv) any regulations, orders or other actions promulgated or taken with respect to the items listed in (i) through (iii) above, provided, however, that any such materials which are later determined not to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction shall not be considered “Hazardous Waste” unless a contrary determination has been or is made by any other governmental agency or unit having appropriate jurisdiction.

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.

Selectmen: The Board of Selectmen of the Town of Kennebunkport.

Solid Waste: Waste, as that term is defined in 38 M.R.S.A. Section 1303-C(29), including, without limitation, useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including by way of example, and not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse, but shall not include sludges from air or water pollution control facilities, septic tank sludge or agricultural wastes.

Specially Permitted Waste: Unacceptable Waste which shall be deemed acceptable waste by special permit issued by the Selectmen subject to such restrictions and limitations as may be contained in such permit and in the Agreement.  Any fee for delivery of Specially Permitted Waste will be established by Selectmen in said permit.

Tipping Fee: The payments required to be made by the Town to the Company under the Agreement for transferring, diverting or processing Acceptable Waste received at the Facility or which would otherwise have been received at the Facility.

Town: The Town of Kennebunkport.

Unacceptable Waste: All waste defined as Unacceptable Waste in the Agreement, including, without limitation the following:

  1. Demolition or construction debris from building and roadway projects or locations.

  2. Liquid wastes or sludges.

  3. Abandoned or junk vehicles, trailers, agricultural equipment and boats and parts thereof.

  4. Hazardous waste (as defined herein).

  5. 5   Dead animals or protions thereof or other pathological wastes.

  6. Water treatment residues or by-products of any kind.

  7. Tree Stumps.

  8. Tannery sludge and sewer sludge of any kind.

  9. Waste oil or solvents.

  10. “White goods” such as freezers, refrigerators, washing machines, or parts thereof.

  11. Tires.

  12. Automotive batteries.

  13. Pesticides and other organic fluids.

  14. Firearms, ammunition and explosives.

  15. Other wastes which in the reasonable judgement of the Company (a) could reasonably be expected to cause jam-ups, slowdowns, stoppages, failures or damage to the Disposal Facility; or (b) could reasonably be expected to cause adverse consequences to the Disposal Facility or its operations, because of excessive moisture, high noncombustible content of other similar reasons.

  16. Any waste deemed unacceptable for processing at the Disposal Facility by federal, State or local law, regulation, rule or order.