HomeMy WebLinkAbout1988-01-25 88-96 ORDINANCE88-96
Introduced by Councilor Sawyer, January 25, 1988
CITY OF BANGOR
)TITLE.) (DrbjrUaUEf Revision of Chapter V, Article 1 Sec. 15 aM Sec. 16
Be u omduincd by the City Cwuii of City OF Ranges, as fosfyvcy
THAT Chapter V, Article 1, Section 15. Municipal Waste Disposal Area, and
Section 16, Penalty, be and are hereby repealed and replaced with the
following:
Sec. 15. Solid Waste Disposal. No Rare=. corporation or legal entity shall
dispose of solid waste in any manner which
is contrary to the provisions of this Section, as hereinafter
described:
15.1. Authority. This Section is anacted pursuant to the
authority granted to the City of Bangor
under the Constitution of the State of Maine, the City Charter,
Title 30 KENN f 1917 (1978) and Title 30 MRSA 4 1306-B (Supp.
198)-88).
15.2 Purpose. The purpose of this Section is to promote the
public health, safety and welfare: to gala
vgement control Over solidwasteand enable the reclamation
of resources. including energy therefrom; to provide for the
orderly operation of a solid waste disposal facility pursuant
to Title 38 MRSA S 1305 (1) (1978); to allow the City to properly
administer a contract with the Penobscot May" Recovery Company
hereinafter referred to as PERC, and to control commercial
rcial haulers
n
and n - rcial hauler who collect and transport solid waste
within the limits of the City of McCoy.
15.3 Definitions. Me terms, phrases and words in the article
shall have the following meanings: Any terms,
phrases and words not defined herein shall have the generally accepted
Bening or definition promulgated in WEBSTER'S SEVENTH NEW COLLEGIATE
DICTIONARY (Copyright 19]1).
In City Council January 25,1988
xsfere8 to public works mmi.
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88-96
ORDINANCE
I TITLE.) Revision of Chapter v A.ti OfEra.
Sec. 15 and sec. 16
IN CITY COUNCIL
February B. 1988
Referred beck to Public Works
Committee - Consider
mnext regular
m� 061 `!/,ZL
-I CITY CLERK
In City Council February 22,1988
Passed
Vote 7 Yea 2 Absent
voting yea 6lancbette,Cox,
englana,£rankel,saxl.suliivan
Tilley
City e' rk/
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HELn.
CITY oF`64ryGOk
CII? CCERN
15.3.1 Acceptable Solid Waste. Acceptable solid waste
shall mean all waste which FERC will 'accept at its
facilities, including all ordinary household, municipal,
institutional, commercial and industrial wastes which
consist primarily of combustible materials, except for
the following:
1. Demolition or construction debris from building and
roadway projects or locations.
2. Liquid wastes or sludges.
3. Abandoned or junk vehicles.
4. hazardous waste.
5. Dead animals or portions thereof or other pathological
wastes.
6. Water treatment residues.
). Tree stumps. -
S. Tannery sludge.
9. Waste oil.
10. Discarded "white goods' such as freezers, refrigerators,
washing machines, etc.
11. Waste which in the resonable judgment of FBRC's weigh
station operator based solely upon a visual Inspection
has a HTU content of lees than 4,000 BTU's per pound
unless the waste fails to meet the aforesaid BTU minimum
requirements solely because of the moisture content of
such waste and such moisture content is due to abnormally
wet ether conditions.
12. Quantities of tires which may be determined by FERC to
be excessive.
15.3.2
Commercial Hauler. A commercial hauler shall mean an
individual, corporation,
partnership Cr Other legal entity which hauls solid
ante for another from within the city limits of the
City of Hangar for compensation, or hauls solid waste
generated by it's ow business.
15.3.3
Unlicensed Hauler. An unlicensed hauler shall mean
an individual, corporation,
partnership or other legal entity who hauls
unacceptable solid waste for himself, itself o
another from within the limits of the City.
15.3.4
Solid Waste. Solid waste shall have the same
definition a set Earth in Title
38 MRSA 4 1303 (Supp. 198)61988), as the same may
be amended from time to time.
15.3.5
Unacceptable Solid Waste. Unacceptable solid waste
shall mean all waste that
is not Acceptable Solid Waste and will not be accepted
by PERC at its 0¢ington, Maine facilities.
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15.3.6 User. A n shall m n individual, corporation,
partnership or ocher legal entity which either
aides 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.,
15.4 Flow Control. All acceptable solid waste generated within the
City of Bangor shall be disposed of at the
Penobscot Energy Recovery Facility in orrington, by municipal
residential curbaide pickup, or by commercial haulers who are
licensed as hereinafter provided. The only exceptions will
be unlicensed haulers of unacceptable waste, o alternate
disposal sites or transfer stations which may be designated
from time to time by the City.
15.5 Lam. All commercial haulers must obtain an annual
license from the office of the Bangor City
Engineer. The license for the first year shall end on June
30, 1988, and on the thirtieth (30th) day of lune of each
year thereafter.
The City Engineer shall devise an application form which
shall be approved by the City Council Public Warks Committee
prior to its use. Each application moat be accompanied by a
list of the current license plate numbers of all trucks owned
by him which are
to be used to haul waste to the PERC facility.
The list shall bekept up Ce date, and anychanges must be
reported immediately to the City Engineer's office; trucks
with unregistered plates will not be permitted access to the
FERC facility.
Only vehicles which are in good operating condition, which
have their loads enclosed within aontainer orred
rely, and which arecapable of dischargingtheiloads
securely,
the FERC facility tipping room floor by mechanical
means will be licensed.
All licenses are non-transferrable.
15.6 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. Unlicensed haulers shall obtain a decal from the
City Treasurer's office, requiring proof of residency, and
shall be required to pay any fees for disposal which may be
established by the City Council.
15.7 Credit for Tonnage. It shall be the responsibility of the
commercial hauler to insure that the
City of Bangor is given credit by FARC for all acceptable
este collected within the City of Bangor and delivered
to the PERE facility by him. Acceptable solid waste collected
by a commercial hauler within the City of Bangor shall not be
co -mingled invehicle with any other solid waste collected
in any other municipality.
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15.8 Responsibilitiesofthe Hauler. The commercial hauler shall
be held fully responsible
for the presence of unacceptable waste in the loads delivered
by him to the PERC facility. In the event that the commercial
hauler disposes of any unacceptable waste at the PERC facility,
said waste. shall be immediately removed from said PERC facility
by the hauler at the hauler's expense, or by the City or its
agents, with double the coat of removal and disposal to be
billed to the hauler. The haulershallbe fully responsible
for the handling of waste between Its source in Bangor and
the PERC facility 1n Orrfngmn, and shall save the City of
Bangor harmless from any orall claims of injury or damage
resulting from his hauling operations.
15.9 Records. All commercial haulers shall provide the City of
Bangor City Engineer 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 a of
each load on the weigh ticket at the PERC facility,reicher
by route number, or by the name of the tounnernial establish-
er if the load is from a single source. The City engineer
r his agents shall have the right, upon reasonable notice,
to inspect the records of any commercial hauler as to the
solid waste collected by him within the limits of the City
of Bangor.
15.10 Payment. Each commercial hauls[ will be billed monthly for
the total tannage delivered by him to the PERC
facility from the City of Bangor at the cent tipping fee
Price. said billing to be done by the City o£ Bangor or its
designated agent. The City res the tight to adjust the
tipping fee from time to time as may be necessary to defray
its total cost of solid waste disposal: however, the e saw
tipping fee will be charged to all commercial haulers within
the City of Bangor. Payment shall be due and payable within
thirty (30) calendar days from the date of invoice• failure
to pay within the prescribed time bay result tempera"
suspension of the haulers, license until payment is received.
Sec. 16. Penalties and License Revocation. Any commercial hauler who
violates any provisions of
Section 15 may receive a temporarysuspension of his license to
haul within the City of Bangor, if, inthe opinion of the
Operations and Maintenance Director, the violation is co nsidered
to be a serious breach of the provisions of Section 15.Upon
notice to the cwar ercia1 hauler of said temporary suspension,
a public notice of said suspension will be issued and a hearing
scheduled with the City Council Public Works Committee. if the
Committee upholds the decision of the Operations and Maintenance
Director, then a penalty of One Hundred Fifty Dollars ($150.00)
for each violation shall be levied against the commercial hauler,
with each day of violation considered to be a separate offense:
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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 Section 15 for five (5) days or mare,
or n ten (10) o separate occasions, the City Council shall
have the right to revoke any existing license and refuse to grant
a license in the future.
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