PART 1

GENERAL PROVISIONS

Section 101	SHORT TITLE

	This Ordinance shall be known and may be cited as the "Fayette Waste Disposal Ordinance".

Section 102	PURPOSES AND POLICIES

	The Town of Fayette has enacted this Ordinance for the purpose of protecting the public health, safety and welfare of the inhabitants of the Town of Fayette and for protecting and enhancing the Town of Fayette's environment.  This Ordinance is intended to provide comprehensive regulations governing the disposal of Waste generated within the Town of Fayette.  The purpose of Segregating all Waste is to conserve those materials that can be re-used.  In so doing, the Town of Fayette will reduce the amount of material to be transferred to disposal or waste to energy facilities and reduce the cost of disposal of Waste generated within the Town of Fayette.  This Ordinance shall be liberally construed to effectuate its purposes and policies.  

Section 103	AUTHORITY

	This Ordinance is enacted pursuant to Article VIII Part Second of the Constitution of the State of Maine and the Laws of the State of Maine, including, without limitation:  30-A M.R.S.A. Section 3001 and 38 M.R.S.A. Sections 1304-B and 1305.

Section 104	TERRITORIAL APPLICATION

	This Ordinance applies to all Persons Disposing and Generating Waste within the Town of Fayette.

Section 105	SEVERABILITY

	A.	If any provision or section of this Ordinance, or the application thereof to any Person or circumstance, is held void or invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect in whole or in part without the invalid provision or application, and to this end each provision of this Ordinance is declared to be severable and independent.  It is the intent of the Town of Fayette that each and every part, clause, paragraph, section and subsection of this Ordinance be given effect to the degree possible.

	B.	In any case where a provision of this Ordinance is found to be in conflict with a provision of any other Ordinance or code of the Town of Fayette, existing on the effective date of this Ordinance, the provision which established the higher standard for the promotion and protection of health and welfare for the community shall prevail.

Section 106	EFFECTIVE DATE

	This Ordinance shall be effective on February 17, 1991.

PART 2

DEFINITIONS

Section 201	DEFINITIONS

	Subject to additional definitions contained in the subsequent Parts of this Ordinance and unless the context otherwise requires, in this Ordinance and the following terms have the following meanings (such definitions to be equally applicable to all parts of speech and to both the singular and plural forms of the terms defined):

	A.	Acceptable Liquid Waste.  "Acceptable Liquid Waste" means the collective reference to Liquid Wastes that are Specially Approved Waste and Reclaimable Liquid Waste.

	B.	Acceptable Solid Waste.  "Acceptable Solid Waste" means all damaged Recyclable Materials, ordinary household, municipal, institutional, commercial, industrial, solid waste, consisting primarily of garbage, trash, rubbish, refuse that is disposed of by or collected from residential, commercial, institutional, industrial establishments within the Town of Fayette.  Acceptable Solid Waste excludes the following items:  Recyclable Materials, Other Solid Waste, Specially Approved Waste, Reclaimable Materials, Reclaimable Liquid Waste, Unacceptable Solid Waste and Unacceptable Liquid Waste.  

	C.	Agricultural Activity.  "Agricultural Activity" means the growing of vegetables, fruits, seeds, nursery crops, poultry, livestock, field crops, cultivated or pasture hay and farm woodlot products, including Christmas trees or similar activities.

	D.	Agricultural Waste.  "Agricultural Waste" means Solid or Liquid Wastes which result from Agricultural Activities and which are returned to the soils as fertilizers. 

	E.	Asbestos.  "Asbestos" means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to chrysoltile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered.

	F.	Ash.  "Ash" means the residue remaining after the combustion of a material such as coal, wood, oil, Burnable Construction Debris, Hot Loads, Wood Waste, or Vegetative Waste.

	G.	Authorized Hauler.  "Authorized Hauler" means a Person who has a contract with the Town of Fayette to transport Acceptable Solid Waste and Recyclable Materials to a Disposal Facility and/or is approved to transport to a Disposal Facility Other Solid Waste, Reclaimable Materials, Reclaimable Liquid Waste and Specially Approved Waste for Persons generating such waste within the Town of Fayette.

	H.	Authorized Hauler's Vehicle.  "Authorized Hauler's Vehicle" means a vehicle approved by the Town of Fayette to deliver Acceptable Solid Waste, Recyclable Materials, Other Solid Waste, Reclaimable Materials, Reclaimable Liquid Waste and Specially Approved Waste to a Disposal Facility.

	I.	Authorized Resident.  "Authorized Resident" means a Person who resides in the Town of Fayette or conducts business in the Town of Fayette and who has obtained a permit from the Town of Fayette to deliver Acceptable Solid Waste, Recyclable Materials, Other Solid Waste, Reclaimable Materials, Reclaimable Liquid Waste and Specially Approved Waste to a Disposal Facility.

	J.	Authorized Resident's Vehicle.  "Authorized Resident's Vehicle" means any vehicle displaying a sticker issued by the Town of Fayette pursuant to this Ordinance.

	K.	Authorized Vehicles.  "Authorized Vehicles" means the collective reference to Authorized Resident's Vehicles and Authorized Hauler's Vehicle.

	L.	Brown Goods.  "Brown Goods" means large television or entertainment modules or furniture including but not limited to sofas, television consoles, wood frames beds, chairs, hid-a-beds and stereo consoles.

	M.	Bundle.  "Bundle" means to place in a brown paper bag or other similar method for separating the material.  Placing the material in clear plastic bags or tying the material together with string is not bundling and is not permitted.  

	N.	Burnable Debris.  "Burnable Debris" means burnable wood debris resulting from construction, remodeling, repair, demolition of structures and Brown Goods.  Burnable Debris is considered as Other Solid Waste.

	O.	Code Enforcement Officer.  "Code Enforcement Officer" means the Fayette Code Enforcement Officer.

	P.	Collectors.  "Collectors" means any Person employed by the Town of Fayette or has a contract with the Town of Fayette for the pick up and collection of Acceptable Solid Waste and Recyclable Materials.

	Q.	Construction/Demolition Debris.  "Construction/
Demolition Debris" means nonburnable debris resulting from construction, remodeling, repair, and demolition of structures.  The term includes but is not limited to building materials, asphalt, wall board, plastic pipes, carpeting and underlay; it excludes all Unacceptable Solid and Liquid Wastes or Inert Fill.

	R.	Disposal or Dispose.  "Disposal" or "Dispose" means the discharge, deposit, injection, incineration, dumping, spilling, leaking or placing of any Waste into or on any land or water so that the Waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground waters.  

	S.	Disposal Facility.  "Disposal Facility" means any landfill, transfer station, waste to energy facility or other facility for the disposal of Waste and that has a contract with the Town of Fayette for disposing of Waste generated within the Town of Fayette.

	T.	Dredge Spoils.  "Dredge Spoils" means earthen materials removed from beneath any surface water.  

	U.	E.P.A.  "E.P.A." means the United States Environmental Protection Agency.

	V.	Generating.  "Generating" means to originate, produce, cause or otherwise brought into existence.

	W.	Hazardous Waste.  "Hazardous Waste" means a waste in either a liquid or solid state, designated as hazardous by the Disposal Facility, the E.P.A. or the M.D.E.P. and includes special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended.  Hazardous Waste is either an Unacceptable Liquid Waste or Unacceptable Solid Waste, except as specially approved by the Selectmen. 

	X.	Hot Loads.  "Hot Loads" means Solid Waste that is on fire or smoldering when delivered to the Disposal Facility.  Hot Loads are considered as Other Solid Waste.

	Y.	Inert Fill.  "Inert Fill" means clean soil material, rocks, bricks, and cured concrete, which are not mixed with Other Solid Waste or Liquid Waste, and which are not derived from an ore mining activity.

	Z.	Land Clearing Debris.  "Land Clearing Debris" means Solid Wastes resulting from the clearing of land and consisting solely of brush, stumps, unsegregated soil material, and rocks.

	AA.	Lead Acid Batteries.  "Lead Acid Batteries" means batteries constructed of lead plates and acid.  This term includes but is not limited to most car, boat and truck batteries.  Lead Acid Batteries are a Reclaimable Liquid Waste.

	BB.	Liquid Waste.  "Liquid Waste" means any waste that is determined to contain free liquids according to the Paint Filter Liquids Test (Method 9095 of E.P.A. SW-846, 3rd Edition).  Liquid Waste is the collective reference to Acceptable Liquid Waste and Unacceptable Liquid Waste.

	CC.	M.D.E.P.  "M.D.E.P." means the Maine Department of Environmental Protection.

	DD.	Metal Goods.  "Metal Goods" means bikes, metal doors, metal pipe, window frames, cyclone or other metal fences, screens, wire, sheet metal, metal conduit cables, tools, aluminum, copper and brass items, vented barrels and vented propane fuel tanks.

	EE.	Ordinance.  "Ordinance" means the several parts comprising this Ordinance, and as may be amended from time to time.

	FF.	Other Solid Wastes.  "Other Solid Wastes" is the collective reference to Brown Goods, Ash, Mattress, Box Springs, Construction/Demolition Debris, Hot Loads, Burnable Debris, Vegetative Waste and Wood Waste.

	GG.	Person.  "Person" means an individual, corporation, partnership, consortium, joint venture association, commercial entity, trust, firm, municipality, county, state, federal or other governmental unit, or any combination thereof and the agents of same.

	HH.	Pick-Up Site.  "Pick-Up Site" means any location or locations within the Town of Fayette and designated by the Selectmen as a Pick-Up Site.  

	II.	Reclaimable Liquid Waste.  "Reclaimable Liquid Wastes" are Acceptable Liquid Wastes that may be reclaimed and are as follows:  Lead Acid Batteries and Waste Oil.

	JJ.	Reclaimable Materials.  "Reclaimable Materials" are Solid Waste materials that may be reclaimed and are as follows: White Goods; Tires; and Metal Goods.

	KK.	Recyclable Materials.  "Recyclable Materials" are materials that can be reused either in the same form or as part of a different product.  Recyclable Materials are as follows:

		1.	Glass:  clear, green and brown glass, containers and bottles.  All other glass, including, without limitation, ceramics, clay flower pots, glass containing lead such as mirror and window glass, drinking glasses and crystal, ovenware and light bulbs are not Recyclable Materials but are Acceptable Solid Waste;

		2.	Newsprint:  black and white newspapers, including all colored and/or glossy advertising inserts that are part of the newspaper.  All other glossy advertising flyers (junk mail) are in the "Mixed Paper" category of Recyclable Materials;

		3.	Corrugated Cardboard and Brown Paper Bags: all waxed corrugated, foreign (yellow) corrugated and non-corrugated cardboard (paperboard) is in the "Mixed Paper" category of Recyclable Materials.

		4.	Plastics:  Plastic bottles, Plastic containers or Rigid plastic containers of High-Density Polyethylene (HDPE) such as milk jugs, juice jugs, detergent bottles or oil bottles.  All other types of plastic such as Polyethylene Terephthalate (PETE) (soda bottles), Vinyl (V), Polypropylene (PP), Polystyrene (PS) (Styrofoam Products) and Low-Density Polyethylene (LDPE) (garbage bags and bread wrappers) are not Recyclable Materials but are Acceptable Solid Waste.

		5.	Mixed Paper:  Junk mail, glossy advertisements and colored paper not part of a newspaper, TV guides, glossy magazines, waxed corrugated cardboard, foreign (yellow) corrugated cardboard, non-corrugated cardboard (Paperboard).  High-grade is mixed paper unless state law requires the Person to separate High-Grade paper from mixed paper.  All contaminated, dirty or wet paper, including, without limitation, paper towels, tissues, napkins, paper plates and cups and margarine wrappers are not Recyclable Materials but are Acceptable Solid Waste.

		6.	Metal/Aluminum Food Cans:  All clean tin and aluminum food cans and trays, aluminum foil and aluminum pie plates.  Empty paint and aerosol cans are not Recyclable Materials but are Acceptable Solid Waste.  All other scrap metal is Reclaimable Materials.

		7. 	High grade paper:  White, greenbar computer paper and lightly colored copier, lined or typing paper and envelopes without windows. 

	LL.	Recycling Container.  "Recycling Container" means the 33 gallon plastic barrel with cover, numbered and marked "Recyclable Materials".  

	MM.	Segregate.  "Segregate" means to set a part, isolate, or separate from other materials.

	NN.	Selectmen.  "Selectmen" means the municipal officers elected to the Fayette Board of Selectmen by the voters of the Town of Fayette.

	OO.	Sludge.  "Sludge" means any semi-solid or liquid waste generated from household septic tanks, a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or wet process air pollution control facility or any other such waste having similar characteristics and effect.  Sludge is an Unacceptable Liquid Waste.

	PP.	Solid Waste.  "Solid Waste" means 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.  Solid Waste is the collective reference to Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Waste, Specially Approved Waste and Unacceptable Solid Waste.

	QQ.	Special Wastes.  "Special Wastes" means any non-hazardous Solid Waste or Liquid Waste generated by sources other than ordinary households 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.  Special Wastes include, but are not limited to:

		a.	Oil, coal, wood and multifuel boiler and incinerator ash;

		b.	Industrial and industrial process waste;

		c.	Debris and residuals from nonhazardous chemical spills and cleanup of those spills;

		d.	Contaminated soils and dredge spoils;

		e.	Asbestos and asbestos-containing waste;

		f.	Sand blast grit and nonliquid paint waste;

		g.	Medical and other potentially infectious or pathogenic waste; and

		h.	High and low pH waste.

	RR.	Specially Approved Wastes.  "Specially Approved Wastes" are wastes that are considered Hazardous  Wastes either in a solid or liquid state as designated from time to time by the Selectmen.  Specially Approved Waste materials include, but are not limited to:  Liquid and non-liquid paint, paint thinner, bleach and household cleaning solvents.

	SS.	Tires.  "Tires" are the device made of rubber or any similar substance which is intended to be attached to a motorized vehicle or trailer or bicycle and is designed to support the load of the motor vehicle or trailer or bicycle.  Tires are Reclaimable Materials only if all rims or wheels are removed.

	TT.	Unacceptable Liquid Wastes.  "Unacceptable Liquid Wastes" is the collective reference to Hazardous Waste and Special Waste that have sufficient liquid content to be free flowing, Sludge, and other Liquid Waste designated as Unacceptable by the Selectmen.

	UU.	Unacceptable Solid Wastes.  "Unacceptable Solid Wastes" are materials not considered Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Wastes or Specially Approved Wastes.  Unacceptable Solid Wastes include but are not limited to:  

	1.	Junked or abandoned vehicles; 
	2.	engine blocks; 
	3.	snowmobiles or all-terrain vehicles; 
	4.	dead animals or portion thereof, other pathological-type
		solid waste;
	5.	Inert Fill; 
	6.	fuel tanks, other than propane; 
	7.	Agricultural Waste; 
	8.	Land clearing debris;
	9.	Dredge Spoils;
	10.	Hazardous Wastes and Special Wastes with insufficient
		liquid content to be free flowing; and not specially
		approved; and
	11.	any other Solid Waste designated Unacceptable by the
		Selectmen; 

	VV.	Vegetative Wastes.  "Vegetative Wastes" means Solid Wastes consisting of plant matter from Agriculture Activities, farms, homes, plant nurseries, greenhouses.  These shall include plant stalks, grass clippings, hulls, leaves, and plant waste processed through a wood chipper.  Vegetative Wastes is considered as Other Solid Waste.

	WW.	Violator.  "Violator" means any Person violating this Ordinance.

	XX.	Waste.  "Waste" means all discarded materials or substances rejected as being spent, useless, worthless, unwanted or in excess to the owners at the time of such discard or rejection.  Waste is the collective reference to Solid Waste and Liquid Waste.  

	YY.	Waste Oil.  "Waste Oil" means a used, spent, discarded or unwanted petroleum based oil product which is not designated as a Hazardous Waste or contaminated with Hazardous Waste and that can be reclaimed as a fuel source.  The term includes only:  crankcase oil; manual transmission fluid; and #2 fuel oil.  Waste Oil is a Reclaimable Liquid Waste.

	ZZ.	White Goods.  "White Goods" means large appliances, including but not limited to stoves, refrigerators, freezers, washing machines, dishwashers, clothes dryers, hot water tanks and air conditioners.

	AAA.	Wood Wastes.  "Wood Wastes" means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash, and sawdust, which are not mixed with Other Solid Wastes or Liquid Waste.  Wood Waste is considered as Other Solid Wastes.  

32327.AD1

PART 3

GENERAL PROHIBITIONS

Section 301	PROHIBITION

	No Person shall Dispose of Waste in the Town of Fayette except in accordance with this Ordinance.  Waste not Generated in the Town of Fayette shall not be Disposed of in the Town of Fayette or at a Disposal Facility.

Section 302	ANTI-SCAVENGING

	No Person shall remove, add to, tamper with or take possession of Acceptable Solid Waste or Recyclable Materials placed or set out for collection.

Section 303	EXCEPTIONS

	A.	Any Person who has a license or permit to Dispose of Waste from any agency of the State of Maine including but not limited to M.D.E.P. and is in compliance with its license and permit may Dispose of Waste in the Town of Fayette in accordance with such license or permit.

	B.	If the disposal method is a Best Management Practice, then Any Person who is engaged in an Agricultural Activity in the Town of Fayette may dispose of Agricultural Waste in the Town of Fayette.  "Best Management Practice" shall mean those management practices which are determined by the Maine Commissioner of Agricultural, Food and Rural Resources to be best management practices.  

	C.	Any Person who has a recycling program approved by the Selectmen and is in compliance with its approval may dispose of its recyclable Waste at a recycling facility.

PART 4

FLOW CONTROL

Section 401	ACCEPTABLE SOLID WASTE BAGS AND RECYCLING CONTAINERS

	The Town of Fayette shall sell Acceptable Solid Waste Bags to Persons participating in the collection program pursuant to Section 404.  The price of the Acceptable Solid Waste Bags shall be equal to the cost incurred by the Town of Fayette in acquiring and selling the Acceptable Solid Waste Bags.  The Town of Fayette shall sell or give Recycling Containers to Persons participating in the collection program pursuant to Sections 403 and 404.  In the event the Selectmen elect to charge a fee for the Recycling Containers, the fee shall not be greater than the cost incurred by the Town of Fayette in acquiring and delivering the Recycling Containers.  

Section 402	WASTE SEGREGATION AND ARRANGEMENT

	A.	Each Person shall Segregate his Waste as follows:

		1.	Solid Waste shall be Segregated from Liquid Waste;

		2.	Unacceptable Liquid Waste shall be Segregated from Acceptable Liquid Waste;

		3.	Unacceptable Solid Waste shall be Segregated from Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Waste and Specially Approved Wastes;

		4.	Recyclable Materials and Acceptable Solid Wastes shall be Segregated from Reclaimable Materials, Other Solid Wastes and Specially Approved Waste;

		5.	Recyclable Materials shall be Segregated from Acceptable Solid Waste;

		6.	Reclaimable Materials shall be Segregated from Other Solid Waste and Specially Approved Waste;

		7.	Other Solid Waste shall be Segregated from Specially Approved Waste; and

		8.	Reclaimable Liquid Waste shall be Segregated from Specially Approved Waste.

	B.	Recyclable Materials shall be processed in accordance with Sections 403 and 404 of this Ordinance.

	C.	Acceptable Solid Waste shall be put in an Acceptable Solid Waste Bag or placed in a clear, see through polyethylene or PVC bags of at least 1 1/2 mils thickness and processed in accordance with Section 404.

	D.	Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste shall be further Segregated as designated in this Subsection D and brought to the Disposal Facility at times specified by the Disposal Facility and placed in the appropriate area as designated by the Disposal Facility signage or by the Disposal Facility Operator:

		1.	Wood Waste such as Tree trunks, limbs, branches shall be cut into lengths not to exceed 4 feet;

		2.	Leaves, grasses and other Vegetative Wastes must be removed from their container prior to depositing this material at the specified area; 

		3.	White Goods shall have all doors removed before being brought to the Transfer Station;

		4.	Wood Furniture - with metal plates, arms, supports, levers, etc. removed;

		5.	Burnable Debris reduced to truckable lengths;

		6.	Mattresses and Bedsprings;

		7.	Wood Waste; 

		8.	Wood and floor model or console radios, TV sound systems, etc. with all electric/acoustical components removed from cabinet or frame.  Housing/cabinets shall be considered burnable;

		9.	Sheet metal items shall be cut or folded and flattened such that no dimension exceeds 4 feet;

		10.	Aluminum, Copper and Brass items shall be Segregated by material type;

		11.	Tires with rims removed shall be Segregated by size;

		12.	Waste Oil shall be put in the designated waste oil storage tank;

		13.	Lead Acid Batteries;

		14.	Hot Loads, wood or coal stove ash from residents or any kind of hot or cold ashes;

		15.	Construction/Demolition Debris;

		16.	Small propane tanks and barrels which must be vented; and

		17.	Metal Goods other than those stated in item 9 and item 10.  Cable steel must be cut in 2 foot lengths.

	E.	Unacceptable Liquid Waste, Unacceptable Solid Waste and items of Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste which are not accepted by the Disposal Facility, shall be disposed of in accordance with the laws of the United States of America and the State of Maine and the rules and regulations of the EPA and M.D.E.P.  No Unacceptable Liquid Waste, Unacceptable Solid Waste or items of Reclaimable Materials, Other Solid Waste and Reclaimable Liquid Waste which are not accepted by the Disposal Facility shall be disposed of within the Town of Fayette unless such waste is designated Specially Approved Waste by the Selectmen.

Section 403	RECYCLING SEPARATION

	Each category of Recyclable Materials shall be separately bundled or segregated and placed in a Recycling Container as follows:

		A.	Glass - All clear glass shall be segregated by color and bundled together and all other colored glass shall be segregated by color and bundled together.  All glass must be rinsed and all caps, covers and lids shall be removed and disposed of as Acceptable Solid Waste.  Labels do not need to be removed.

		B.	Newsprint - All newsprint shall be bundled together.

		C.	Corrugated Cardboard and Brown Paper Bags - All clean, dry corrugated cardboard and brown bags shall be bundled together.  All plastic inserts shall be removed and disposed of as Acceptable Solid Waste.

		D.	Plastics - High Density Polyethylene Plastic such as milk jugs, juice jugs, detergent bottles or oil bottles shall be separated and bundled together.   All High Density Polyethylene Plastic must be flattened and rinsed or well drained in the case of oil and all caps, neck rings and spouts must be removed and disposed of as Acceptable Solid Waste.  Labels do not need to be removed.

		E.	Mixed Paper.  All mixed paper shall be bundled together.  Any metal or plastic attached to any paper shall be removed and disposed of as Acceptable Solid Waste.

		F.	Metal/Aluminum Food Cans.  All Metal/Aluminum Food Cans and trays shall be bundled together.  All Metal/Aluminum shall be washed with labels removed.  Cans shall be crushed whenever possible.

		G.	High Grade Paper.  All high grade paper shall be bundled together.  All plastic items, metal items (other than staples) shall be removed and disposed of as Acceptable Solid Waste.

Section 404	COLLECTION

	Each Person shall place his Acceptable Solid Waste Bags containing Acceptable Solid Waste and his Recycling Containers containing Recyclable Materials at roadside or curbside or at Pick-up Sites for collection by the Collectors at times specified by Resolution of the Selectmen.  

	The Recycling Containers shall be kept securely covered in order to preclude odor from emanating from the Recycling Container and to prevent rodents, insects, vectors, rain or snow from contacting the Recyclable Materials.

	Any Authorized Resident, however, may deliver his Acceptable Solid Waste and Recyclable Materials to the Disposal Facility at times specified by the Disposal Facility.  Any Authorized Resident delivering Acceptable Solid Waste or Recyclable Materials directly to the Disposal Facility must have these items weighed at scales acceptable to the Disposal Facility. Authorized Residents shall not deliver waste to the Disposal Facility which has not been generated within the Town of Fayette.  

	Authorized Residents may deliver to the Disposal Facility items of Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste and Specially Approved Waste that the Disposal Facility is accepting.  The Authorized Resident shall pay the fee for such disposal that is charged by the Disposal Facility at the location or locations designated by the Disposal Facility.  Authorized Residents may contract with Authorized Haulers to deliver their Other Solid Waste,  Reclaimable Materials, Reclaimable Liquid Waste and Specially Approved Waste to the Disposal Facility.  

PART 5

OPERATIONS

Section 501	AUTHORIZATIONS

	The Selectmen may enter, execute and deliver on behalf of the Town of Fayette, a contract or contracts with one or more Disposal Facilities for the disposal of Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste and Specially Approved Waste generated within the Town of Fayette.  These contracts shall be upon such terms and conditions as the Selectmen deem advisable and necessary and in the best interest of the Town of Fayette.  The Selectmen may, by resolution, designate one or more Pick-up Sites within the Town of Fayette for the collection of Acceptable Solid Waste and Recyclable Materials.

	Authorized Residents shall be persons who reside in the Town of Fayette or who operate a business in the Town of Fayette.  The Selectmen may permit Authorized Residents to deliver Acceptable Solid Waste, Recyclable Materials, Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste and Specially Approved Waste to Disposal Facilities.  The Selectmen may issue permits to Authorized Residents in the form of a sticker to be placed on the Authorized Residents Vehicle.  Upon acceptance of the sticker the Authorized Resident agrees to comply with all terms and conditions of Fayette's contract with the Disposal Facility and all rules and regulations of the Disposal Facility.

	The Selectmen may enter, execute and deliver on behalf of the Town of Fayette, a contract or contracts with one or more Authorized Hauler to collect and transfer Acceptable Solid Waste and Recyclable Materials to the Disposal Facility and to allow Authorized Haulers to contract with Authorized Residents to pick up and transport Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste and Specially Approved Waste to a Disposal Facility.

	Authorized Haulers must own or lease one or more Authorized Hauler's Vehicle.  Each Authorized Hauler's Vehicle must display a sticker issued by the Town of Fayette.  All Authorized Haulers shall have comprehensive property damage and liability insurance in such amounts and upon such terms and conditions that the Selectmen may prescribe from time to time.  All such insurance shall name as insured the Town of Fayette and the Disposal Facility and provide for non cancellation except upon 30 days written notice to the Disposal Facility and to the Town of Fayette.  All Authorized Hauler's Vehicles shall be a type specially designed for use in the refuse industry for solid waste disposal, such as rear and front load compaction vehicles, roll-off equipment, open and closed compaction trailers, dust containers, liquid-tight containers and/or transfer type vehicles which meet the reasonable standards which the Disposal Facility and the Town of Fayette may now or hereafter require.  All contracts with Authorized Haulers shall contain the requirements that the Authorized Haulers will comply with all contracts with the Disposal Facility and all rules and regulations of the Disposal Facility and this Ordinance and all the rules adopted thereunder.  Authorized Haulers shall not deliver to the Disposal Facility, under Fayette's contract with the Disposal Facility, Waste generated in communities other than the Town of Fayette.

	The Selectmen may contract with specialty environmental contractors to assist the Town in the collection and disposal of Specially Approved Wastes and the other categories of waste.

Section 502	RULES AND REGULATIONS

	The Selectmen may, by resolution, adopt such rules and regulations as they deem necessary for:  the disposal of Acceptable Solid Waste, Recyclable Materials, Other Solid Waste, Reclaimable Waste, Reclaimable Liquid Waste, Specially Authorized Waste; contracts with the Disposal Facility, Authorized Haulers; and issuing permits.  These rules and regulations may include but are not limited to dates and hours for collection of Acceptable Solid Waste and Recyclable Materials and the designation of Pick-up Sites.  Any violation of the rules and regulations adopted hereunder shall be deemed a violation of this Ordinance. 

Section 503	INSPECTION AND REJECTION

	Any Acceptable Solid Waste or Recyclable Materials set out for collection or any Waste brought to the Disposal Facility may be inspected to insure compliance with this Ordinance.  The Selectmen, the Town Manager, the Collectors and the Disposal Facility have the authority to reject, in their sole discretion, for non-compliance with this Ordinance or any contract with the Disposal Facility, any Waste set out for collection or Waste brought to the Disposal Facility.  If any Liquid Waste, Unacceptable Solid Waste, Other Solid Waste, Specially Approved Waste or Reclaimable Material is mixed with the Acceptable Solid Waste or with the Recyclable Materials or any Acceptable Solid Waste is mixed with the Recyclable Materials, the Waste will be rejected and if set out for collection pursuant to Section 404 it will not be picked up by the Collector.  Upon such rejection, the Person whose Waste has been rejected shall segregate its Waste in accordance with this Ordinance.

Section 504	RESPONSIBILITY

	Selectmen shall be responsible for enforcing this Ordinance.  The Selectmen may designate the Town Manager or the Code Enforcement Officer to assist them in carrying out their duties and obligations under this Ordinance, including without limitation, to waive court proceedings under Section 603 and to inspect and reject material under Section 503.  The Selectmen, the Town Manager and Code Enforcement Officer may issue citations for violations of this Ordinance when proceeding under Section 603 and they may assist in all proceedings for enforcement of this ordinance under Part 6.

Section 505	TITLE AND USE OF ACCEPTABLE SOLID WASTE AND RECYCLABLE MATERIALS

	All Acceptable Solid Waste or Recyclable Materials once segregated and are to be disposed of shall become the property of the Town of Fayette.  Unacceptable Solid Waste, Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste or Specially Approved Waste or Unacceptable Liquid Waste, wherever located, shall not become the property of the Town of Fayette.  All Reclaimable Materials, Other Solid Waste, Reclaimable Liquid Waste or Specially Approved Waste that is accepted at the Disposal Facility shall become the property of the Disposal Facility.  The Selectmen may sell, donate or otherwise deal with the Acceptable Solid Waste or Recyclable Materials.

PART 6

PENALTIES AND ENFORCEMENT

Section 601	VIOLATIONS

	A.	General Procedure.  Upon its own motion or upon written complaint by 10 or more Persons residing or conducting business in the Town of Fayette that any Person is in violation of any of the provisions of this Ordinance, any Fayette contract with a Disposal Facility, any contract with the Town of Fayette, the terms or conditions of any permit, approval or Enforcement Order which violation does not create a substantial and immediate danger to the public health, welfare or safety, the Selectmen, in conjunction with the Code Enforcement Officer, with or without notice, shall make an investigation and, if warranted in light of such investigation, shall commence an enforcement proceeding in accordance with Sections 602, 603 or 604 hereof.  Prior to commencing such enforcement the Selectmen may consult and coordinate with appropriate state agencies concerning the alleged violations.

	B.	Emergency Procedure.  Whenever it appears to the Selectmen, after investigation, that there is a violation of any provision of this Ordinance, any Fayette contract with a Disposal Facility, any contract with the Town of Fayette, the terms or conditions of any permit, approval or Enforcement Order which is creating or is likely to create a substantial and immediate danger to public health, welfare or safety, the Selectmen may, in accordance with this subsection, order the Person or Persons causing or contributing to such hazard to take such immediate actions as are necessary to reduce or alleviate the danger.  Service of a copy of the Selectmen's Enforcement Order issued under this emergency procedure shall be made by a Fayette Constable or Sheriff or Deputy Sheriff to the Person to whom the Enforcement Order is directed.  In the event such Persons are so numerous that the specified method of service is a practical impossibility or the Selectmen are unable to identify the Person or Persons causing or contributing to such hazard, the Selectmen, to the extent practicable, shall make its Enforcement Order known by publication of such Enforcement Order for a reasonable period in a newspaper of general circulation in the Town of Fayette or shall publicize such Enforcement Order on radio or television for a reasonable period.  Prior to issuing such order, the Selectmen may consult and coordinate with appropriate state agencies in responding to the emergency.

	The Person to whom such Enforcement Order is directed shall comply with it immediately.  Such Person may apply within 48 hours after receipt of the Enforcement Order for reconsideration of the Enforcement Order, which reconsideration shall be by the Selectmen within seven (7) days after receipt of a request for reconsideration.  After reconsideration or upon their own motion, the Selectmen may continue, revoke or modify the enforcement order.  The decision of the Selectmen shall be considered final action which may be appealed in accordance with Section 606.  This subsection in no way interferes with the right of the Selectmen to seek a court injunction in the case of a substantial and immediate danger, as provided in Section 604.  

	C.	Nuisance.  Any property or use existing in violation of this Ordinance is a nuisance.

Section 602	ENFORCEMENT ORDER

	The Selectmen may issue an Enforcement Order aimed at abating or correcting a violation of this Ordinance and ensuring that the violation does not recur, and, in addition, may modify any permit, approval or Enforcement Order in whole or in part, condition the permit, approval or Enforcement Order on reasonable requirements or revoke or suspend, the permit, approval or Enforcement Order, and assess a penalty, whenever the Selectmen find:

	A.	The Person violated any provision of this Ordinance;

	B.	The Person violated any term or condition of a permit, approval, Enforcement Order or Decree of Court;

	C.	The Person obtained a permit, approval or Enforcement Order by false statement, misrepresentation or failure to disclose fully all relevant facts;

	D.	The permitted activity poses a threat to human health or welfare; or

	E.	There has been a change in any condition or circumstance that requires revocation, suspension, conditioning or a temporary or permanent modification of the terms of the permit, approval or Enforcement Order.

	The Enforcement Order shall state the date upon which it becomes effective and shall advise the Person that he may seek judicial review.

	All Enforcement Orders entered by the Selectmen pursuant to this section shall be considered final action of the Selectmen as of the date of the Enforcement Order for purposes of judicial review.

Section 603	ENFORCEMENT PROCEDURE FOR CERTAIN VIOLATIONS

	A.	Each violation of Part 4 of this Ordinance except 402(E) may be enforced under this Section 603.  Each violation of such Part 4 of this Ordinance shall be recorded against the Violator in a separate account maintained by the Town of Fayette.  A violation will be erased from the Violator's record when the violation becomes one (1) year old and thereafter the erased violation will not be used in determining the appropriate procedure under this section.

		1.	Any Person violating such Part 4 of this Ordinance and whose violation record is zero (0) or one (1) shall be given a written warning.

		2.	Any Person violating such Part 4 of this Ordinance and whose violation record is two (2) or more may be brought to court pursuant to the Maine Rules of Procedure.

	B.	The Selectmen and the Violator may agree to waive of court proceedings when proceeding under this Section 603.  In the event of such an agreement, the waiver penalty for each violation shall be as follows:

	1.	Third Violation - $5.00

	2.	Fourth Violation - $10.00

	3.	Fifth Violation - $50.00

	4.	Sixth Violation - $100.00

	Payment of the penalty under this procedure by the Violator shall be deemed an admission of the violation and a waiver of any court proceeding.  The Violator shall pay the appropriate amount to the Town of Fayette pursuant to Section 605 (D).

Section 604	JUDICIAL ENFORCEMENT

	A.	General.  In the event of a violation of any provision of this Ordinance, Enforcement Order, permit, approval or final decision or action of the Selectmen or Decree of Court, as the case may be, the Selectmen may institute judicial proceedings in accordance with state law for 1) an order enjoining those acts or practices which constitute such a violation; 2) for an Order directing compliance with this Ordinance, any Enforcement Order, permit, approval, condition or final decision or action pursuant to this Ordinance; or 3) for an order assessing penalties or any appropriate combination of actions.

	B.	Substantial and Immediate Danger to Health, Safety or General Welfare.  If the Selectmen find that the violation of any provision of this Ordinance or the failure to comply with any Enforcement Order, permit, approval or final decision or action of the Selectmen or Decree of Court constitutes a substantial and immediate danger to the health, safety or welfare of any person(s), or property, or the environment of the Town of Fayette, the Selectmen may initiate immediate injunction proceedings to abate or correct such violation.  The injunction proceedings may be instituted without recourse to the issuance of an Enforcement Order.

	C.	Recovery of Costs.  In any action that the Town of Fayette institutes before a Court to enforce any provisions of this Ordinance, the prevailing party in such action shall be allowed to recover attorneys fees incurred in connection with such action.

Section 605	PENALTIES

	A.	Any person who violates any provision of this Ordinance, an Enforcement Order, permit, approval or decision of the Selectmen shall be subject to the following civil penalties, due and payable to the Town of Fayette:

		1.	Except for certain violations for which the Selectmen and the Violator agree to use the waiver procedures in Section 603, a penalty of not less than $100 nor more than $10,000 for each day of the violation shall be assessed.

		2.	Any Person who violates any provisions of this Ordinance may be ordered to correct or abate the violations.

		3.	The maximum civil penalty for violation of the Ordinance may exceed $10,000 for each day of the violation when it can be shown that there has been a previous violation of the same Ordinance provision by the same Person within the 5 preceding years.

		4.	If the economic benefit resulting from the violation exceeds the applicable penalties, the maximum penalties may be increased for each day of the violation.  The maximum civil penalty may not exceed an amount equal to twice the economic benefit resulting from the violation.  Economic benefit shall, without limitation, include the costs avoided or enhanced value accrued at the time of the violation by the Violator not complying with the applicable legal requirements.

	B.	In setting penalties the following shall be considered:

		1.	Prior violations by the same Person;

		2.	The degree of environmental damage that cannot be abated or corrected;

		3.	The extent to which the violation continued;

		4.	Benefits derived by the Person as a result of the violation;

		5.	Importance of setting a civil penalty substantial enough to deter future violation;

		6.	Whether penalties have been imposed by another governmental agency for the same incident(s).

	Each failure to Segregate Waste under Section 402, each violation recorded under Section 603 or each Disposal of Waste which is in violation of this Ordinance or any other violation of this Ordinance is deemed to be a separate violation.  Every day that a violation exists shall be deemed a separate violation.

	D.	Payment of any penalty assessed shall be made in cash or by a certified check drawn on a recognized financial institution, made payable to "Town of Fayette" in an amount equal to the full extent of the penalty.

Section 606	JUDICIAL REVIEW

	Any Person aggrieved by a final Selectmen action or decision in an enforcement or emergency proceeding pursuant to this 
Ordinance may seek judicial review in accordance with state law within thirty (30) days of the date of the final action.

Section 607	STAY

	The filing of a complaint for Judicial Review shall not operate as a stay of the final action pending judicial review unless otherwise ordered by the Court.

32327.AD1

FAYETTE

WASTE DISPOSAL ORDINANCE

							ENACTED:  November __, 1991

FAYETTE WASTE DISPOSAL ORDINANCE

PART

 1.		GENERAL PROVISIONS

 2.		DEFINITIONS

 3.		PROHIBITION

 4.		FLOW CONTROL

 5.		OPERATIONS

 6.		PENALTIES AND ENFORCEMENT