SOLID WASTE/RECYCLING ORDINANCE
OF THE TOWN
OF HERMON, MAINE
Adopted:
Amended:
Amended:
Amended:
May 15, 1996
April 15, 1998
February 21, 2001; Effective March 21, 2001
June 12, 2002; Effective July 12, 2002 (Replaced Article 7.)
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ARTICLE 1
PURPOSE
The purpose of this ordinance is to protect the health, safety and general well being of the citizens
of Hermon enhance and maintain the quality of the environment; conserve natural resources by
promoting recycling; prevent water and air pollution by providing for a comprehensive, rational
and effective means of regulating the collection, transportation and disposal of solid waste in
accordance with the provisions of Title 38, M.R.S.A. Chapter 13, as amended.
ARTICLE 2
DEFINITIONS
For the purpose of this Ordinance, the following definitions shall be observed:
(1)
ASHES shall mean the residue remaining from the burning of wood, coal, coke or
other combustible materials.
(2)
BROWN GOODS shall mean large discarded items including, but not limited to
television sets, stereos and computer systems.
(3)
DEMOLITION MATERIAL shall mean the material from the major repair of,
excavation for, construction or destruction of buildings or structures including, but
not limited to piping, earth, plaster, mortar, bricks, building blocks, septic tanks,
trees or tree stumps over six (6) inches in diameter, and any other similar materials.
(4)
DISPOSAL shall mean the discharge, deposit, injection, dumping, leaking, spilling
or placing of any solid waste into or on any land or water.
(5)
DISPOSAL FACILITY shall mean any facility (ies) which have been properly
licensed for the storage/and or disposal of solid waste.
(6)
HAZARDOUS WASTE shall mean a waste substance or material, in any physical
state, designated as hazardous by the terms of the agreement between the Town of
Hermon and the Penobscot Energy Recovery Company, or by definition of other
Federal, State or local laws.
(7)
INFECTIOUS WASTE shall include those wastes so defined by the Solid Waste
Management Regulations promulgated by the Department of Environmental
Protection pursuant to Title38, M.R.S.A. S.S. 304, as amended.
(8)
MIXED RESIDENTIAL REFUSE shall mean all materials normally derived
through residential use.
(9)
MUNICIPAL COLLECTION FACILITY shall mean a building, container or
designated area in which waste is temporarily deposited and stored for transfer to a
disposal facility.
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(10)
MUNICIPALITY shall mean the Town of Hermon, Maine.
(11)
PERC shall mean the Penobscot Energy Recovery Company.
(12)
RECYCLING PROGRAM shall mean a voluntary program for the recycling of
materials as approved by the Municipal Officers.
(13)
RESOURCE RECOVERY shall mean 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 or used to generate energy.
(14)
SOLID WASTE shall mean 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, scrap materials, refuse derived fuel, scrap, junk,
inert fill material and landscape refuse, but shall not include septic tank sludge or
agricultural or hazardous wastes.
(15)
WASTE HAULER shall mean any person, firm or corporation which collects
residential, institutional, commercial and/or industrial waste for a fee and transports
it to a municipal collection or disposal facility and any business or institution which
transports its own waste to the designated disposal facility.
(16)
WHITE GOODS shall mean large appliances, including but not limited to stoves,
washing machines, clothes dryers, and dishwashers.
(17)
ACCEPTABLE MATERIALS FOR ROADSIDE PICKUP shall mean all solid
wastes so defined by the Penobscot Energy Recovery Company or any such
properly licensed disposal facility and the Town of Hermon as described in 6.1.
(18)
UNACCEPTABLE MATERIALS FOR ROADSIDE PICKUP: As described in
6.3
(19)
FREON CONTAINING GOODS shall mean refrigerators, freezers, air
conditioners and similar appliances.
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ARTICLE 3
APPLICABILITY
Every owner, tenant, waste hauler or occupant of property within the limits of the Town of
Hermon, who has supervision, custody or control of solid waste, garbage or other like waste
substance, shall:
(1)
Keep, place and store the solid waste, garbage and other like waste substances in a
sanitary manner before it shall become foul and putrid, in covered containers to
prevent the ingress of flies, rats and other animals.
(2)
Keep, place and store ashes in a separate non-combustible covered container.
(3)
Boxes or crates used for the disposal of material shall meet the sanitary
requirements of subsection (1) above and shall not contain unacceptable materials as
defined in Article 6.3 of this Ordinance.
ARTICLE 4
EXEMPTIONS REPROCESSED OR RECYCLED, IN PLANT
The following categories of waste shall be exempted from regulations pertaining to collection,
transport and disposal.
(1)
Waste of manufacturing, processing or packaging operations which are segregated
from other waste and are salvaged for alternate use, reuse or sale.
(2)
All materials separated from mixed waste by the generator as part of a Recycling
Program approved by the Municipal Officers.
ARTICLE 5
DISPOSAL FACILITIES
5.1
The Town may designate the disposal facility (ies) for the disposal of solid waste generated
within the Town as well as the method and amount of separation that may be required
before being deposited.
5.2
To meet its contract commitment to PERC, the Town may require that all acceptable solid
waste generated within the Town of Hermon is disposed of at the PERC facility, or any
alternate disposal site.
5.3
Certain categories of unacceptable waste shall be deposited at disposal site(s) if designated
by the Town.
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5.4
The Town encourages the recycling of all acceptable materials at the Town's Recycling
Facility. (Amended 4/15/98; effective 5/15/98)
5.5
The Town has established a roadside pickup of household waste generated from residential
structures containing four or fewer units, the Boulier Place Apartments, or as approved by
the Town Council.
5.6
All commercial, industrial, institutional and other residential facilities not served by
roadside pickup shall make arrangements with licensed waste haulers to dispose of their
solid waste at such sites in such a manner as required by this Ordinance.
ARTICLE 6
RESIDENTIAL ROADSIDE PICKUP REQUIREMENTS
6.1
ACCEPTABLE MATERIALS: It is the Town's intent to provide collection of normal
domestic rubbish from households only. The following materials, by way of example and
not limitation, are acceptable for roadside collection: Mixed Residential Refuse, unless
considered unacceptable by PERC; Bulky Waste, unless considered unacceptable by
PERC.
6.2
PLACEMENT AT ROADSIDE: Rubbish will not be collected unless the following
conditions are met:
1. Rubbish shall be placed in rodent proof, leak proof and essentially air tight metal
or plastic cans or in tied plastic refuse bags.
2. Containers or bags shall be placed as accessible to the roadside as possible so as
not to interfere with vehicles, pedestrian traffic or snow removal activities.
3. Containers, bags, or bundles shall not exceed (40) forty pounds.
4. Rubbish shall be placed roadside on the designated day of collection by 7:00 a.m.
6.3
UNACCEPTABLE MATERIALS: The following rubbish, by way of example and not
limitation, shall be considered unacceptable for roadside collection:
1. Materials which have not been prepared, bound, placed in containers and/or
placed for collection in accordance with the rules and regulations of the TOWN.
2. Materials which have been placed in containers and/or placed for collection
which have been pilfered by animals and which constitute litter. Contractor will not
be responsible for clean-up.
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3. White goods such as stoves, refrigerators, washers and other large appliances.
4. Materials from the major repair of, excavation for, construction or destruction of
buildings, or structures, such as earth, plaster, mortar, bricks, building blocks,
roofing materials and septic tanks.
5. Dangerous, hazardous or environmentally unsafe materials or substances, such as
cleaning fluids, crankcase oils, paints, asbestos materials, liquid plastics, explosives,
acids, caustics, poisons, drugs, radio-active materials, fine powdery earth used to
filter cleaning fluids, infected materials, hospital waste, and materials of a similar
nature.
6. Body Wastes, Junk Yard Wastes, or Solid Industrial Wastes.
7. Hot ashes
8. Large or heavy objects exceeding forty (40) pounds, including by way of
example but not limited to, major automobile parts, cars and trucks, furniture and
bed springs.
9. Liquid Wastes or sludge, tannery sludge, or water treatment residues.
10. Tree stumps, tree limbs and Christmas trees.
11. Waste which could cause jam-ups, slowdowns, stoppages, failures or damage to
the Facility (propane tanks, box springs, mattresses, fish nets, wire fencing, etc.)
12. Truck tires and no tires with rims.
13. Yard waste such as loose or bagged leaves and grass clippings.
14. Cardboard boxes or crates.
15. Waste which does not originate, or is not generated, within the bounds of the
Town of Hermon.
16. Any other materials which may be deemed not acceptable for collection by the
TOWN.
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6.4
CONTAINERS OR RECEPTACLES
All containers or receptacles containing the articles specified in Article 6.1 must be placed
at the outer edge of the roadside shoulder for removal on the day of collection and as short a
time as possible before the hour of collection. Under no conditions shall the containers or
receptacles be placed for removal more than twenty-four (24) hours in advance of the
collection schedule of the contents.
All containers or receptacles must be removed from the roadway shoulder within twentyfour (24) hours of the collection of the contents.
The use of portable receptacles or containers larger than 30 gallons is strictly prohibited.
ARTICLE 7
TOWN LANDFILL SITE (Entire Article amended June 12, 2002)
7.1
ACCEPTABLE MATERIALS AT THE TOWN LANDFILL SITE:
Only the following materials generated solely from within the Town of Hermon by
residents or resident businesses may be taken to the Town disposal site:
A. White goods as defined;
B. Scrap Metal;
C. Brown goods as defined;
D. Demolition debris as defined
E. Furniture Category: If unacceptable at the energy recovery facility and
includes such items as discarded and similar types of items.
F. Brush Category: Brush, clean lumber, bark, woodchips, wood shavings, grass
cuttings, and leaves;
G. Freon containing goods
H. Propane Tanks
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7.2
PERMIT STICKER: All residents or resident businesses who use the town
disposal site must display a permit sticker on their vehicle. The permit may be
obtained at the Hermon Town Office.
7.2.1
Each Resident or Resident Business applying for a permit sticker will
present the clerk at the Town Office with the current registration of the
vehicle to which the permit sticker will be applied. A new resident or
resident business, whose registration does not show the correct address, must
provide proof of residence (i.e. mail to that address, deed, etc.) Each vehicle
entering the Town Landfill area shall have a permit sticker affixed to its
windshield. No more than two (2) permit stickers shall be issued per
resident household or resident business per year.
7.2.2
Said permit sticker may not be placed on any other vehicle, transferred or
sold. In the event of the change of ownership or transfer of the vehicle,
said permit sticker must be removed and returned to the Town Office in
order to receive a replacement sticker for a newly purchased vehicle.
7.3
USER FEES: Fees for the dumping of the following materials at the Town Landfill area
will be:
A.
White Goods: The disposal fee shall be $5.00 per item.
B.
Scrap Metals: The disposal fee shall be $5.00 per item.
C.
Brown Goods: The disposal fee shall be $5.00 per item.
D.
Demolition Debris: Disposal charges for Demolition Debris shall be:
$10.00/load for pickup trucks, vans, or automobiles with a trailer
$25.00/load for a vehicle larger than a pickup truck but smaller than a 4 yard
dump truck
All vehicles 4 yards or larger: $ 25.00/yard
E.
F.
G.
H.
Furniture Pile: The disposal fee shall be $5.00 per item
Propane Tanks: $10 for a 20 pound tank, $25 for all larger tanks.
Brush Pile: No charge for disposal.
Freon Containing Goods: The fee shall be $15.00 per item. This fee shall not be
waived.
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7.4
INSPECTIONS:
In order to determine if the provisions of this Ordinance, or any rules and regulations
adopted pursuant hereto are being adhered to, the Town of Hermon or its authorized agent,
shall have the right to stop and inspect the load of any vehicle, and inquire of any individual
entering the landfill.
Any occupant of a vehicle who refuses to allow the Town or its authorized agent to inspect
he vehicle or the materials contained therein, or refuses to answer questions pertinent to
determining whether this Ordinance or rules and regulations adopted pursuant hereto have
been violated, may be refused access to the Landfill by the Town or its authorized agent and
shall not be allowed to dispose of materials.
ARTICLE 8
TOWN RECYCLING PROGRAM
8.1
RECYCLING FACILITY:
The Town's recycling facility is available for use by all residents, institutions, and
businesses for materials generated solely within the Town of Hermon. (Amended 4/15/98;
effective 5/15/98; Clerk’s note: Original Section 8.2 was deleted and remaining sections
renumbered)
8.2
ACCEPTABLE MATERIALS:
The materials currently recyclable are listed below: (amended 4/15/98; effective 5/15/98)
GLASS - Clear/brown/green good and beverage containers only Rinse clean, labels
and covers acceptable
METAL - Aluminum and steel (tin) food and beverage cans rinsed clean, labels
acceptable, crush to save space (amended 4/15/98; effective 5/15/98).
PLASTIC - Narrow-neck bottles with #1 and #2 mark stamped on bottom (Rinse
clean, crush to save space)
NEWSPAPER, MAGAZINES AND CATALOGS - Newspaper with inserts,
magazines with inserts, phone books with covers and catalogs are
acceptable (amended 4/15/98; effective 5/15/98)
CORRUGATED CARDBOARD - Corrugated cardboard and brown grocery bags;
also include cereal boxes or windowed cardboard boxes such as donut or macaroni
boxes.
The Town reserves the right to change the recyclable materials as needed.
8.3
The Town encourages all residents, institutions and businesses to participate in the
voluntary Recycling Program. (Amended 4/15/98; effective 5/15/98)
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ARTICLE 9
ADMINISTRATION
This Ordinance shall be administered by the Municipal Officers who shall:
(1)
Adopt reasonable rules and regulations as needed to
enforce this ordinance.
(2)
Consider all license applications and grant or deny each application within thirty
(30) days after receipt of a completed application at the municipal office or within
such other time as the municipal officers and the applicant shall agree is reasonable.
(3)
Preview any alleged violation of this Ordinance, and to impose appropriate penalties
therefore after notice and hearing.
(4)
Institute necessary proceedings, either legal or equitable to enforce this Ordinance.
ARTICLE 10
LICENSING OF HAULERS
10.1
No person, firm, or corporation shall collect, transport or dispose of solid waste generated
within the Municipality for a fee without first obtaining a license from the Municipal
Officers with the exception listed in 10.6. (Amended 4/15/98; effective 5/15/98)
10.2
Any individual, firm or corporation required by this Ordinance to obtain a license shall
make application to the Municipal Officers, providing the information required. Each
application shall be accompanied by a non-refundable application fee of $50.00 (fifty
dollars).
10.3
With the submission of the application, individuals are required to provide a yearly list of
all customers serviced within the Town of Hermon. In addition, after licensing, waste
haulers are required to notify the Town of deletions or additions to that list by the first of
the next month after the change occurs.
10.4
Such license shall normally be for a period of one (1) year from issue unless otherwise
stated on the license, and may be revoked at any time by the Municipal Officers, in
accordance with the provisions of Article 10.
10.5
In the event the Municipal Officers deny a license application, they shall notify the
applicant in writing and shall state the reasons for the denial. The applicant may request a
public hearing in accordance with the procedures in Article 11.
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10.6
Temporary Landfill Permit: In those situations in which a resident or resident business is
hiring an individual to haul away debris from a one-time building project other than an
established hauling company or individual, the Town may use its discretion to allow the
resident or resident business to obtain a temporary landfill permit valid only for the day on
which the hauling will take place. The landfill fee schedule will be utilized to determine the
fees necessary for dumping when the vehicle enters the landfill.
ARTICLE 11
SUSPENSION OR REVOCATION
11.1
An individual denied a license issue may be suspended or revoked by order of the
Municipal Officers with benefit of a hearing in accordance with the procedures in Article 11
for the following causes:
(1)
Violation of this Ordinance.
(2)
Violation of any provision of any state or local law, ordinance, code or
regulation which relates directly to the provisions of this Ordinance.
(3)
Violation of any license provision or regulation.
(4)
Falsehoods in the license application.
11.2
The limits of suspension or revocation for any license issued shall be as follows:
(1)
First offense - 30 days.
(2)
Second offense - 90 days.
3)
Third offense - one year.
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ARTICLE 12
HEARINGS
12.1
An individual denied a license or any licensee cited for any violation of this Ordinance shall
be entitled to a hearing before the Municipal Officers, if such request is made in writing.
(1)
Such hearings shall be held within thirty (30) days after receipt of the written
request for a hearing.
(2)
The licensee shall be notified, in writing, as to the time and place of the
hearing a minimum of ten (10) days prior to the hearing date. The licensee
has the right to be represented by counsel, to offer such evidence as he may
desire, and to cross-examine
(3)
A determination shall be made by the Municipal Officers within ten (10)
days after the conclusion of the hearing.
12.2
The Municipal Officers' final determination relative to the suspension of a license and the
period of suspension or the revocation of a license shall take effect no later than ten (10)
days after the date of the notice of final determination has been mailed by certified mail,
return receipt requested, to the applicant and shall be conclusive. The final determination
notice shall set forth the reasons for the suspension or revocation and the effective dates
thereof together with a statement that such decision may be appealed as provided in this
section.
12.3
Any controversy or claim arising out of or relating to the Municipal Officers' determination
shall be directly reviewable by Superior Court pursuant to Rule 80B.
ARTICLE 13
FEES
13.1
The Municipal Officers shall establish and maintain a fee schedule for disposal of materials
at the Town Landfill or such other disposal facility as the Town may direct.
13.2
The Town of Hermon shall assess the tipping fee to all haulers of solid waste from
commercial, industrial, or institutional establishments or from private installation
in the Town of Hermon not covered by the roadside pickup which is delivered to PERC or
another disposal facility which is properly licensed.
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13.3
The Town reserves the right to adjust the tipping fee as necessary to defray its total cost of
solid waste disposal; however, the Town will charge the same tipping fee to all waste
haulers within the Town. Monthly billing will be supported by an itemized breakdown
showing the dates and time of delivery, the weigh ticket number, and the net tonnage.
Payment shall be due and payable within thirty (30) days from the date of invoice.
ARTICLE 14
ENFORCEMENT
14.1
All provisions of this Ordinance are enforceable by duly authorized Municipal Officials.
14.2
Any person who commits a violation of any provision of this Ordinance is subject to arrest
and punishment as hereinafter provided, if convicted.
14.3
Whenever the Municipal Officers determine that there has been a violation by virtue of noncompliance, they shall give notice of such violation to the person(s) responsible by personal
service or by certified mail, return receipt requested:
ARTICLE 15
a.
The citation shall include a statement of reasons and shall allow reasonable
time for performance of any act it requires.
b.
The citation may contain an outline of remedial action which, if taken, will
effect compliance.
c.
It shall state that unless corrections are made within the allotted time, the
violator is subject to prosecution pursuant to the provisions of this
Ordinance.
PENALTY
Any person, firm or corporation who violates any provision of this Ordinance shall be subject to a
civil penalty of not less than $100.00 nor more than $500.00 for each violation, which shall incur to
the benefit of the Town of Hermon. Each day that a violation occurs or continues shall be
considered a separate violation.
ARTICLE 16
SEVERABILITY
The provisions of this Ordinance shall be severable and if any phase, clause, sentence or provision,
or the application thereof shall be held invalid, the remainder of this Ordinance and the application
thereof shall not be affected thereby.
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