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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 Municipal Waste Disposal Area, and Section 16, Penalty, be and are hereby repealed and replaced with the following: Sec. 15.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. cider net Mae" C ty c� 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/ `MN21 P4:10 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. -2- 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. -3- 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: -4- 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. -5-