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Lewiston Code Chapter 62 CH 62:1 Chapter 62 SOLID WASTE* Article I. In General Sec. 62-1. Depositing solid waste in public places or in sources of water. Sec. 62-2. Reserved. Sec. 62-3. Containers required; permitting unauthorized collections. Sec. 62-4. Duty of citizens to deliver to collectors. Sec. 62-5. Conveyance regulated. Sec. 62-6. Municipal collection from certain establishments. Sec. 62-7. Reserved. Sec. 62-8. Reserved. Sec. 62-9. Reserved. Sec. 62-10. Dumping of certain waste prohibited. Sec. 62-11. Definitions. Sec. 62-12. Reserved. Sec. 62-13. Municipal collection of solid waste and recyclable materials. Sec. 62-14. Fee schedule. Sec. 62-15. Payments. Sec. 62-16. Penalties and enforcement. Sec. 62-17. Special waste. Sec. 62-18. Solid wastes not accepted for disposal at the facility. Sec. 62-19. Demolition debris. Sec. 62-20. Covering of loads. Sec. 62-21. Dump picking prohibited. Sec. 62-22. Reserved. Sec. 62-23. Spring brush collection assistance event. Sec. 62-24. EZCard program. Secs. 62-25--62-30. Reserved. Article II. Reserved Secs. 62-31--62-55. Reserved. Article III. Hazardous Materials Sec. 62-56. Definitions. Sec. 62-57. Disposal and storage of hazardous waste. Sec. 62-58. Waste oil. Sec. 62-59. Penalty for violation of article. Secs. 62-60--62-69. Reserved. *Cross references: Littering prohibited, § 6-2; buildings and building regulations, ch. 18. State law references: Maine Litter Control Act, 17 M.R.S.A. § 2261 et seq. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:2 ARTICLE I. IN GENERAL Sec. 62-1. Depositing solid waste in public places or in sources of water. No person shall throw or deposit solid waste or cause to be deposited in any street, or in any body of water, well or public or private vacant lot, solid waste, including household waste, commercial waste, industrial waste, construction or demolition waste, or hazardous waste. (Code 1982, § 29-1; Ord. 22-12, 7-7-22) Sec. 62-2. Reserved. Editor's note: Ord. No. 03-10, effective Aug. 1, 2003, repealed § 62-2 in its entirety. Formerly, said section pertained to placement of trash for collection as enacted by Code 1982, § 29-2. Sec. 62-3. Containers required; permitting unauthorized collections. All household solid waste shall be deposited in suitable containers and shall be placed curbside to be collected by entity or persons designated or contracted by the department of public works. It shall be unlawful to knowingly cause, allow or permit the receiving and carrying away of such garbage by anyone other than the abovementioned designees or contractor. (Code 1982, § 29-3; Ord. No. 06-11, 7-27-06; Ord. 22-12, 7-7-22) Sec. 62-4. Duty of citizens to deliver to collectors. All persons shall deliver all solid waste accumulated on their premises to the solid waste facility or place curbside for collection by the city’s contractor or individual private hauler. (Code 1982, § 29-4; Ord. 22-12, 7-7-22) Sec. 62-5. Conveyance regulated. No household solid waste shall be carried or conveyed through any public street or sidewalk in the city except in suitable containers, or in vehicles so constructed as to be watertight and covered at all times until such solid waste is being deposited or removed therefrom. (Code 1982, § 29-5; Ord. No. 06-11, 7-27-06; Ord. 22-12, 7-7-22) Sec. 62-6. Municipal collection from certain establishments. The department of public works shall not collect, or cause to be collected, from hotels, motels, stores, manufacturing plants, restaurants, produce houses, food processing plants, nursing homes, hospitals, social clubs, colleges or any other commercial, industrial or institutional establishment engaged in a commercial activity, as defined in section 62-11 of this chapter, at municipal expense, any solid waste of any kind. (Code 1982, § 29-6; Ord. No. 06-11, 7-27-06; Ord. 22-12, 7-7-22) Sec. 62-7. Reserved. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:3 Editor's note: Ord. No. 03-10, effective Aug. 1, 2003, repealed § 62-7 in its entirety. Formerly, said section pertained to authority to designate public solid waste facility; duty to use as enacted by Code 1982, § 29-7. Sec. 62-8. Reserved. Editor's note: Ord. No. 03-10, effective Aug. 1, 2003, repealed § 62-8 in its entirety. Formerly, said section pertained to removal of materials from solid waste facilities as enacted by Code 1982, § 29-8. Sec. 62-9. Reserved. Editor's note: Ord. No. 03-10, effective Aug. 1, 2003, repealed § 62-9 in its entirety. Formerly, said section pertained to duties of police chief pertaining to solid waste facilities; abatement of violations as enacted by Code 1982, § 29-9. Sec. 62-10. Dumping of certain waste prohibited. No person shall dump solid waste on any public or private land in the city. (Code 1982, § 29-10) Sec. 62-11. Definitions. The following words and terms as used in sections 62-12 through 62-24 of this article will have the meanings ascribed thereto, unless the context otherwise indicates: Authorized collector: Employees or contractors of the city or a private collector employed by the owner, occupant, agent or other person having custody of a building, for the purpose of hauling solid waste. Batteries: Wet cell (lead-acid) batteries collected for recycling and alkaline batteries. This definition will not include rechargeable batteries defined as universal waste. Building: Any structure or vessel, whether public or private, that is adapted to or used for: dwelling occupancy; the transaction of business; the rendering of professional services; amusement; the display, or sale, or storage of goods, waste, merchandise, articles or equipment; the performance of work or labor; office buildings, stores, theaters, markets, restaurants, warehouses, day care facilities, hotels, motels, bed and breakfast facilities, worship, garages, bakeries; structures where domestic or other animals or fowl are kept; or sheds, barns, outbuildings, or other structures or premises used as accessory to any such use. Bulky waste: Any items whose large size or weight precludes or complicates their handling by normal collection, processing or disposal methods (includes old furniture; carpeting; appliances such as stoves, dryers, washing machines, etc., but does not include universal waste or refrigerant containing appliances) or as further defined by the rules and regulations of public works. City: The City of Lewiston, Maine, a municipality organized and regulated by the laws of the state. Commercial waste: Solid waste generated by a commercial property or as a result of commercial activity. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:4 Commercial activity: Any property or service provider, which has received a license from the City of Lewiston to conduct business and/or a structure used for commercial or business purposes including, but not limited to, the following: Hotels, motels, bed and breakfast facilities, restaurants, warehouses; Markets, bakeries, grocery stores, food vendors; Manufacturing or industrial facilities; Business offices; Any business establishment adjoining a residential structure; Trailer parks and manufactured home parks, and; Business Condominiums. Construction and demolition debris: Solid waste generated through construction, remodeling, repair or demolition of structures. This includes but is not limited to: building materials such as plaster and lath, plumbing fixtures, insulation, asphalt, wall board, pipes, treated wood (wood products, which have been treated with copper, chromium, arsenic and/or creosote), asphalt shingles, roofing felt, sheetrock and metal conduits. It excludes: partially filled containers of any kind, friable asbestos and other special waste. ePass: A RFID Card, renewed by the city annually, for the purpose of disposing of one thousand (1,000) pounds of waste material at the facility. The EZCard is nontransferable and is invalid if used by anyone other than the authorized user. Facility: The city's solid waste and recycling facility, located on 420 River Road, which is a division within the city's department of public works. Inert fill: Clean soil material including soil from road ditching and sand from winter sand cleanup. Inert fill can also include crushed clean glass and porcelain (not included in recycled glass) as well as bricks, rocks and cured concrete (that does not contain rebar or wire mesh). MEDEP: The Maine Department of Environmental Protection. Multiple unit apartment building: An apartment building or complex of buildings, which contain a total of four or more dwelling units per parcel of property or three or more dwelling units per parcel of property, which are not owner occupied. Occupant: The person that has the use of or occupancy of any building or a portion thereof, whether the actual owner or tenant. In the case of vacant buildings or any vacant portion of a building, the owner, agent or other person having custody of the building will have the responsibility of an occupant of the building or portion thereof. Owner: The actual owner of the building, whether individual, partnership or corporation, or the agent of the building, or other person having custody of the building or to whom the rent is paid. Private Hauler: Employed by the owner, occupant, agent or other person having custody of a building, for the purpose of hauling solid waste to the facility or other location for waste disposal as designated by the City. Public works: The City of Lewiston's Department of Public Works. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:5 Recyclable material includes the following: Newspaper (including inserts), magazines (glued or stapled), catalogs, telephone books, hard & soft cover books and junk mail. Corrugated cardboard. Glass containers (any color), rinsed with caps and rings removed and discarded; paper labels are acceptable. No window glass, mirrors, light bulbs, dishes or ceramics. Metal items, cleaned of foodstuff. Aluminum (pie plates, trays, foil), metal cans (tin, steel, aluminum), empty aerosol containers. No cans/containers with residual materials remaining. Mixed paper, includes manila folders, brochures, envelopes (manila, white, colored-windows are acceptable), junk mail without plastic wrapping, cards, post cards, calendars, multiple copy forms, aseptic containers, wrapping paper including tube, all types of paper board boxes (including shoe boxes, cereal boxes and dry food boxes), Asian corrugated (yellow or gray in color), milk cartons, paper towel tubes, photography paper, frozen food boxes and egg and berry cartons. Does not include: garbage or plastic. Recyclable plastic, includes plastic bottles & containers #1-7: soda/juice/water, milk jugs, bleach/detergent, shampoo, food containers (cottage cheese, margarine, yogurt). Rigid plastics: 1 & 5 gallon buckets with handles attached, milk/soda crates, laundry baskets, small plastic trash bins, plastic toys, landscape trays, plastic plant pots, kitty litter buckets, children size rigid pools. Recyclable plastic does not include: plastic bags or film, foam of any kind (including packaging), stretch wrap, hard/brittle plastic or computers. High grade paper--Ledger paper, computer paper, letterhead, lined paper and envelopes. Any other material so designated by public works. Recyclable material will be considered solid waste material for the purposes of this chapter. Refrigerant containing appliance: Appliances (refrigerators, air conditioners, freezers, etc.) which contain freon or other regulated refrigerant (as determined by state and federal environmental regulations). Residential properties: Any parcel of property, located in the city, upon which is situated a single residential structure or a complex of structures containing not more than two dwelling units, or an apartment building or complex of structures, which contain three dwelling units, per parcel of property, one of which is occupied by the owner or residential condominium unit located on a public right-of-way. Scrap metal: All scrap metal including white goods such as appliances. Does not include: engines, gear boxes or tanks (whether full or empty which contained chemicals or fuels) of any kind, or refrigerant containing appliances. Solid waste: Municipal solid waste as defined by Maine's Solid Waste Regulations (MEDEP Reg. Ch. 400), which states "solid waste emanating from household and normal ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:6 commercial sources". This waste will include, but is not limited to garbage, trash, rubbish, paper, plastics, metal cans, glass, crockery, cold ashes and refuse. Special waste: Any solid waste generated by sources other than residential and commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that it may disrupt or impair effective waste management or threaten public health, human safety or the environment and requires special handling, transportation and disposal procedures. Special waste includes, but is not limited to; ash, industrial and industrial process waste, sludge and dewatered septage, nonfriable asbestos and asbestos containing materials and all other solid wastes designated special waste as defined in Maine's Solid Waste Regulations. Suitable container: For solid waste generated at a residential property, including recyclable material, means a suitable plastic container, which is covered and watertight and prevents the attraction of vectors (such as birds, rodents, insects, etc.). The container shall be no larger than 36 gallons and shall be covered. The weight of the solid waste/recyclable material placed in the container shall not exceed 30 pounds. Plastic bags, in and of themselves, shall not be considered a suitable container, for the purposes of this definition. For solid waste generated through commercial activities or at multiple unit apartment buildings, suitable containers may include metal dumpsters or plastic toters, specifically designed and manufactured for the storage of solid waste/recyclable material and which prevent the attraction of vectors (such as birds, rodents, insects, etc.) Suitable containers, which contain recyclable material shall have a “RECYCLING” sticker (distributed by the City) affixed to the container. Superintendent: That person appointed by the director of public works as the city's superintendent of solid waste division. Tenant: A person, group of individuals or family that pays rent to the owner of a residential property or multi-unit apartment building for use of that building’s dwelling unit(s). Use of the buildings by the tenant shall not include use for Commercial Activities, as defined in this section. Tires: Tires (with and without rims) from all commercial and residential vehicles. Universal waste includes the following: Rechargeable batteries, which contain lead, cadmium and/or mercury. Rechargeable batteries, do not include wet-cell (lead acid) batteries. Lamps, which contain mercury (include fluorescent lamps, mercury vapor lamps, high pressure sodium lamps, and all other mercury containing lamps as defined by MEDEP Hazardous Waste Regulations, Chapter 850). Mercury containing switches, thermostats, manometers and thermometers. biphenyl (PCB) ballasts, which are totally enclosed and nonleaking. Cathode ray tubes, including video display components of televisions, computer monitors (includes flat screen monitors) and other video display devices. Computer central processing unit. Desk-top printer. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:7 Waste material: Any waste materials, including, but not limited to, solid waste, recyclable material, bulky waste, commercial waste, construction and demolition debris, inert fill, scrap metal, special waste, universal waste refrigerant containing appliances, waste oil, asphalt shingles, batteries, tires, special waste, wood and sheetrock. Waste oil: Used motor oil delivered to the facility in clear plastic containers in order to facilitate inspection. Waste oil does not include; motor oil, hydraulic fluid or any other lubricants or liquids of any kind. Wood includes all wood including demolition wood (free of metal, sheetrock, insulation, and other solid waste), brush and tree waste (does not include stumps). Does not include treated wood (refer to construction and demolition debris). Yard debris: Brush (low trees, bushes & shrubs) and tree limbs less than twelve (12) inches in diameter. Yard debris does not include stumps from trees, bushes and/or shrubs. (Ord. No. 03-10, 8-1-03; Ord. No. 04-13, 7-1-04; Ord. No. 06-11, 7-27-06; Ord. No. 12-11, 10-18-12; Ord. No. 13-09, 10-17-13; Ord. No. 15-01, 02-19-15; Ord. No. 16-11, 12-15-16; Ord. 22-12, 7-7-22; Ord. 25-07, 4-17-25) Sec. 62-12. Reserved. Sec. 62-13. Municipal collection of solid waste and recyclable materials. Collection of solid waste and recyclable materials from residential properties. Public works will provide for the collection of solid waste and recyclable material from all residential properties receiving waste collection provided by the city, in accordance with this chapter. Occupants of residential properties that receive city waste collection in accordance with section 62-4 of this chapter shall utilize suitable containers for the storage, transportation and disposal of solid waste. This includes all solid waste placed curbside for disposal. The weight of solid waste placed in each suitable container shall not exceed 30 pounds. All residents who live in residential structures receiving city waste collection shall separate recyclable material from their other solid waste. Recyclable material must either be transported to the facility or be placed in suitable containers, which have a city issued “RECYCLING” sticker affixed to the container, for curbside collection. Recyclable material and solid waste are to be set curbside no earlier than 6:00 p.m. of the day preceding regularly scheduled waste collection and no later than 7:00 a.m. of the day of waste collection as established by public works. Collection of solid waste and recycling materials from commercial properties and multiple unit apartment buildings. Solid waste and recyclable material will not be collected by the city from any commercial activity or property engaged in a commercial activity, as defined in section 62-11 of this chapter. Private vendors providing curbside solid waste and recyclable material collection service to commercial properties and multiple unit apartment buildings not receiving this service from the city shall schedule their collection to occur on the same day as the city-provided service for the geographic area of the city where the property is located. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:8 Recyclable material and solid waste are to be set curbside no earlier than 6:00 p.m. of the day preceding regularly scheduled trash collection and no later than 7:00 a.m. of the day of waste collection. All solid waste and recyclable material must be removed by the end of the scheduled day of collection. This applies to all curbside collection, whether it is provided by the city or through a private vendor. The city will collect solid waste and recyclable material from multiple unit apartment buildings for only those buildings who: Received solid waste and recyclable material collection from the city on May 6, 2003; and Complete and submit an application fee to continue this service and receive approval from the city to continue this service. The city will provide service to these limited multiple unit apartment buildings on a fee-for-service basis. The amount of the fee will be reviewed and adjusted annually as needed based on the cost to provide service. Fees and fee adjustments will be published in the fee schedule filed with the city clerk pursuant to section 62-14 of this chapter. Fees will be billed semi-annually in advance. Failure to pay the fee and any outstanding violations/penalties, imposed by the city, on time will result in termination of the service to that property. Multiple unit apartment buildings, which are sold to new owners shall only be eligible to go on the program if: The property is new to the program, yet is an existing building with a new owner, or The property is already on the program and there is no break in service, or The new owner already has other properties in the program and has met all obligations of the program for all these other properties including but not limited to paying on time and addressing solid waste issues with those properties in a timely manner, or The new owner has previously owned, operated, or managed, or been the primary ownership interest in any company, corporation or other legal entity that has previously been part of the program, then such information may be used as a basis for determination for entering the program. The new owner shall submit a one-time application fee and complete an application to go on the program within 90 days of purchasing the property. Service will not be reinstated once it is terminated, except as noted above. Open enrollment, during the month of June on every even numbered year for properties, which had been terminated from the ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:9 program due to: 1. failure to pay required disposal fees and/or 2. failure to address any outstanding violations/penalties, as required in this section and/or, may re-apply to participate in this program. The owner of the property, which was terminated, may submit an application and fee. The applicant may receive the services provided in this section if they are current on all payments and have no outstanding violations/penalties on their properties, as imposed by the City. If a landlord provides the Finance Department a 30-day pre- notification in advance of payment due date that they wish to be removed from a program and to private haul their trash, they may rejoin the program beginning on the next semiannual cycle. Pre- notification of termination and applying for reinstatement in the program will be the sole responsibility of the landlord. If pre- notification is not received, the property will be removed from the program due to lack of payment and be subject to the open enrollment rules reflected in section 5. Collection of solid waste from Lewiston public schools. Public works may provide collection of solid waste and recyclable material to the Lewiston School Department from schools that received collection service as of January 1, 1990. Public works will invoice the Lewiston School Department for services related to solid waste collection and disposal. The Lewiston School Department includes all Lewiston public schools and associated administration buildings. Collection of bulky waste. No person shall place bulky waste out for collection by the city. The city will not be responsible for the collection of bulky waste, construction and demolition debris, scrap metal, and wood, as defined, at any time. Any person disposing of waste in violation of section 62-13 of this chapter shall be guilty of an offense. Penalties for said offense are described in section 62-16 of this chapter. Collection of recyclable material by unauthorized agents. In accordance with section 62- 11 of this chapter, no person, other than authorized collectors, shall pick up recyclable materials that have been set out at the curb for collection by the city or its contracted agent. For purposes of this chapter, authorized collectors shall be defined in 62-11 Individuals found in violation of this article are subject to the penalties listed in section 62-16 of this chapter. Solid waste containers. Occupants of a residential property must maintain adequate suitable containers for the accumulation and disposal of solid waste & recyclable waste located and/or generated at their residence. An occupant of a residential property shall be responsible for the disposal of solid waste & recyclable waste located and/or generated at their residence as provided in this chapter. The owner or owner's agent of a multiple unit apartment building, shall be responsible for ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:10 waste collected from that building and must ensure that all solid waste & recyclable waste is placed in suitable containers, as defined. The owner or owner's agent of a multiple unit apartment building shall be responsible for the disposal of solid waste & recyclable waste located at the multiple unit apartment building in accordance with section 62-4 of this chapter. Waste not to accumulate except in suitable storage containers. The occupants of buildings, owners of residential properties and/or owners of multiple unit apartment buildings or commercial buildings shall place or cause to be placed all solid waste & recyclable waste in suitable containers and shall not permit any accumulation or deposit of such substances in or about the premises except in such suitable containers, per section 62-3 of this chapter. Unlawful to deposit. It is unlawful for any person or entity to throw or deposit or cause to be deposited on property not owned or controlled by the person or entity any solid waste, including household waste, commercial waste, industrial waste, construction or demolition waste or hazardous waste. Owners duty to inspect and remove wastes. The owner of land and the person(s) in possession of such land abutting a city street or public easement have an obligation to inspect those portions of their property which have such frontage and to remove or dispose of, in a manner consistent with this chapter, any waste material found in or along such property. The owner of, and any person having responsibility for, property abutting the area of the street, sidewalk, or property where waste material has been deposited shall be presumed to have deposited same and shall be liable for violations of this article in the absence of evidence to the contrary. Notwithstanding the aforesaid, any owner of and/or any person having responsibility for property abutting the area of the street where any waste materials has been deposited in violation of this chapter shall remove the waste materials and dispose the waste material as required. Penalty. Violation of any part of this section, including failure to utilize suitable containers as described, shall be considered a violation of this chapter, and shall be subject to penalties as described in section 62-16 of this chapter. (Ord. No. 03-10, 8-1-03; Ord. No. 04-13, 7-1-04; Ord. No. 04-23, 1-6-05; Ord. No. 06-11, 7-27-06; Ord. No. 08-07, 9-11-08; Ord. No. 13-09, 10-17-13; Ord. No. 20-07, 07-16-20; Ord. 22-12, 7-7-22 ) Sec. 62-14. Fee schedule. A schedule of fees for the use of the facility shall be set by the Solid Waste Policy (the "Fee Schedule"). The schedule and any modifications of the schedule shall be filed with the city clerk. (Ord. No. 03-10, 8-1-03; Ord. No. 13-09, 10-17-13) Sec. 62-15. Payments. All parties who deposit one or more loads per week at the facility for a period of greater than 30 days shall be required to pay applicable disposal fees on a basis. Failure to make required payments within 30 days of the date of billing will result in the suspension of all privileges to utilize the facility. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:11 Upon use of the facility for the first time, all new accounts will be required to make payment at that time. If the customer continues to use the facility at least once per week for a period of greater than 30 days, the customer will be billed on a basis. Owners of multiple unit apartment buildings receiving city-provided curbside waste collection service, as described under subsection 62-13(b) of this chapter, shall pay a $100.00 application fee at the time of application for city service. Fees for these services will be billed semi-annually in advance. The owner is responsible for ensuring bills are paid in full and on time. Failure to pay the fees within 30 days of billing will result in termination of the service. Sporadic users of the facility, or users that do not remit fees on a basis, must make payment at the time of service. (Ord. No. 03-10, 8-1-03; Ord. No. 04-13, 7-1-04; Ord. No. 06-11, 7-27-06) Sec. 62-16. Penalties and enforcement. Waste material generated outside city limits. No vehicle, whether commercial or private, shall dispose of any waste material at the facility unless it is generated from within the geographical limits of the city (as determined by reviewing the generator's driver's license, property tax receipt, and/or building permit) or is authorized under the terms of a contract with the city. The city reserves the right to make spot inspection of waste material entering the facility. Vehicles bringing in waste material that is from outside the city shall be subject to the penalties described later in this section. Enforcement. It shall be the duty of the chief of police, the director of code enforcement or their duly authorized representatives to enforce the provisions of chapter 62 of this Code and to prosecute any and all persons violating any such provisions. Enforcement procedures as set out in chapter 50, article II of the Lewiston Code of Ordinances shall apply to enforcement of this chapter, except that the specific penalties listed in subsection herein will apply instead of those listed in section 50-45. Notwithstanding any provisions in this chapter 62 to the contrary, due to the public nuisance and threat to public health created by the presence of waste material on or near city streets (i.e. on or near public ways) in violation of subsections 62-13(a), and the chief of police, the director of code enforcement or their designees are authorized to fine violators, without any prior notification, in accordance with subsection 62-16(c). Penalties. Violators of any provisions of this chapter shall for the first offense receive a fine in accordance with the city's policy manual as approved by the city council, plus accrued interest, attorney's fees and court costs. A second violation or any subsequent violations occurring within six months of a previous violation shall result in a fine(s) in accordance with the city's policy manual as approved by the city council, plus accrued interest, attorney's fees and court costs. Responsibilities not transferable. No contract or agreement between the owner or operator and the occupant relating to the compliance with the terms of this article shall be effective in relieving any person of the responsibility for compliance with the provisions of this chapter as described. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:12 (Ord. No. 03-10, 8-1-03; Ord. No. 04-23, 1-6-05; Ord. No. 06-11, 7-27-06; Ord. No. 08-06h, 8-14-08; Ord. No. 15-01, 02-19-15) Sec. 62-17. Special waste. Special waste is defined in section 62-11. Solid waste brought to the facility that contains special waste mixed with residential and commercial waste will be charged at the additional rate of $2.50/ton for the entire load unless the special waste is separated from the other waste. All special waste shall be subject to the hazardous and special waste handling and exclusion plan (appendix C) and special waste characterization, testing and permitting (appendix D) of the facility's operations and maintenance (OM) manual as approved by the MEDEP, as well as the specific waste characterization sampling and analytical work plans developed by public works. No special waste shall be accepted at the facility without a proper manifest that tracks the movement of the special waste from the point of generation to any intermediate points and finally to its deposition in the landfill. Each manifest shall have a section for the generator, the transporter, and the facility. The generator shall: • Prepare a manifest before any special waste is transported. • Design the destination of the waste. • Identify and list each waste separately on the manifest. • Provide a hand-written signature and date. • Obtain the hand-written signature and date of the transporter and keep one copy. The transporter (or generator if the generator is also the transporter) shall: • Ensure that the manifest accompanies any special waste. • Sign and date the manifest in the presence of the generator. • Upon delivery to the site, indicate the destination of the special waste. • Obtain the signature and date from the weigh station attendant. • Keep one copy of the manifest and give the remaining copies and original to the weigh station attendant. The facility shall: • Not accept special waste from a generator or transporter unless the waste is accompanied by a manifest, properly completed by the generator and transporter. • Upon acceptance of the load, the weigh station attendant shall sign and date the manifest, and note any discrepancies in the manifest. • Record the weight of the load. • Send signed copies of the manifest to the generator and transporter. • Retain two copies on file at the facility. The superintendent shall have the authority to require a waste audit of any company that ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:13 brings or pays a commercial hauler to bring special waste to the facility. (Ord. No. 03-10, 8-1-03) Sec. 62-18. Solid wastes not accepted for disposal at the facility. The following waste materials are not accepted for disposal at the facility: Liquids and other free-flowing material.* Junk automobiles, trucks, lawn mowers, snow mobiles or any other motor driven vehicle.** Closed containers used for shipping or storing chemicals. Fuel tanks or devices used for containing petroleum based compounds, such as gasoline, fuel oil, hydraulic fluid or lubricants or other chemicals. Debris or residuals from nonhazardous chemical spills or spill cleanup.* Contaminated soils or dredged soils. Exception: of up to 5 cubic yards per residential property of lead contaminated soil. Friable asbestos.* Sand blast grit and nonliquid paint wastes.* Medical wastes. Includes fecal waste and all bodily fluids (and waste materials which have come in contact with said fluids) of any kind.*** (10) Infectious and/or hospital waste. All such waste (includes any and all body parts and waste materials which have come in contact with said body parts) are considered hazardous as defined by state and federal regulations, this includes, but is not limited to all "red bag" waste.*** (11) Animal carcasses or animal parts.**** (12) High and low pH materials.* (13) Spent filter media residue.* (14) Hazardous waste excluding normal waste from household activities defined by Chapter 850 of MEDEP Regulations.* * Residential property owners are encouraged to bring these materials to the household hazardous waste depot, located at the facility, for disposal. Others are encouraged to contact the Maine DEP (287-2651) regarding the proper disposal of these materials. Generators of these wastes are encouraged to contact scrap metal salvage facilities regarding proper disposal. Generators are encouraged to contact the Maine DEP (287-2651) regarding the proper disposal of these materials. Generators are encouraged to bury small quantities at the site of origin or contact either local veterinarian offices or the Maine DEP (287-2651) regarding the proper disposal of these materials. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:14 (Ord. No. 03-10, 8-1-03; Ord. No. 06-11, 7-27-06; Ord. 22-12, 7-7-22) Sec. 62-19. Demolition debris. All haulers bringing construction and demolition debris to the facility for disposal must show a copy of the contractor permit for the project from which the waste is generated to the weigh station attendant each time construction and demolition debris is disposed of at the facility. (Ord. No. 03-10, 8-1-03) Sec. 62-20. Covering of loads. All vehicles entering the facility shall cover, tie down, or otherwise secure any waste transported to the facility in a manner reasonably calculated to keep the load secured within the vehicle. Failure to properly secure incoming loads, as determined by facility personnel, is a violation of this chapter and shall result in a penalty equal to twice the disposal fee for the material. (Ord. No. 03-10, 8-1-03) Sec. 62-21. Dump picking prohibited. No person, resident, business or city employee shall enter the facility without authorization or remove waste material or recyclable materials from the facility without specific authorization from the superintendent. Violation of this may result in the immediate revocation of the disposal privileges by the superintendent. (Ord. No. 03-10, 8-1-03) Sec. 62-22. Reserved. Sec. 62-23. Spring brush collection assistance event. The Solid Waste Policy (ref. Spring Brush Collection Assistance Event) describes a limited service to residential property owners, by the City, for the collection of wood/tree waste, which are not typically collected curbside and for which the City charges a fee for disposal. This policy and any modifications to this policy shall be filed with the city clerk. (Ord. No. 03-10, 8-1-03; Ord. No. 13-09, 10-17-13; Ord. 22-12, 7-7-22) Sec. 62-24. EZCard program. The city issues one EZCard, at no cost, annually to the following: Owners of residential properties (as defined in Sec. 62-11 of this chapter) who live in one of the dwelling units of that property, year round. The EZCard will be issued to property owners who are current on all outstanding debts to the City. Owners of multiple unit apartment buildings (as defined in Sec. 62-11 of this chapter) who live in one of the dwelling units of that property, year round. The EZCard is issued for the dwelling unit in which they reside. The EZCard will be issued to property owners who are current on all outstanding debts to the City and who have paid the City for curbside trash collection services in accordance with ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:15 Sec. 62-13 of this chapter. The following individuals are eligible to purchase an EZCard from the City: Owners of multiple unit apartment buildings (as defined in Sec. 62-11 of this chapter) and who have paid the City for curbside trash collection services in accordance with Sec. 62-13 of this chapter may purchase one-thousand (1,000) pounds to be added to the EZCard per year for every three dwelling units, which they own (i.e. a five unit building would be eligible for two thousand pounds per year on the EZCard). The owner will be eligible to purchase the EZCard if they are current on all outstanding debts to the City. Tenants (as defined in Sec. 62-11 of this chapter) who reside in the City of Lewiston. The EZCard may be purchased upon request at the Solid Waste facility or through the Treasurer’s office when the property owner pays their property tax bill in full for the given year or when the tenant purchases the EZCard. The price of the EZCard shall be established as provided in the fee schedule (Sec. 62-14 of this chapter). The EZCard service is not transferrable and is limited to only one epass per year. Individuals eligible to receive this service included: The holder of the EZCard. A member of the holder’s household (as determined by reviewing the address on the driver’s license of the individual wishing to use this service) is eligible to use the service described in Sec. 62-24 EZCard Program. Individuals wishing to use this service will be asked to present their driver’s license to a solid waste facility attendant when requested to determine their eligibility to receive this service. Failure to present a driver’s license or meet the eligibility requirements listed in this ordinance may disqualify the individual from receiving the services listed in this ordinance. (Ord. No. 03-10, 8-1-03; Ord. No. 06-11, 7-27-06; Ord. No. 12-11, 10-18-12; Ord. No. 13-09, 10-17-13; Ord. No. 16-11, 12-15-16; Ord. 22-12, 7-7-22) Secs. 62-25--62-30. Reserved. ARTICLE II. RESERVED Secs. 62-31--62-55. Reserved. (Private Collectors repealed Ord. No. 16-11, 12-15-16) ARTICLE III. HAZARDOUS MATERIALS* *Cross references: Fire prevention and protection, ch. 38. Sec. 62-56. Definitions. The following words, terms and phrases, when used in this article, shall have the ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:16 meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous or solid waste, sludge or septage into or on any land, water, sanitary or storm drainage system so that the hazardous or solid waste, sludge or sewage or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including groundwater. Generator means a person whose activity results in the generation of waste which is or may be hazardous. Hazardous waste means any chemical substances or materials, gas, solid or liquid, designated as hazardous by the United States Environmental Protection Agency pursuant to the United States Resource Recovery and Conservation Act, Public Law 94-580, 40 CFR 261 and amendments to the act or designated hazardous by the act or its amendments. Oil means any of a class of substances typically unctuous, viscous, combustible, liquid at 60 degrees Fahrenheit and soluble in ether or alcohol but not in water. Storage means the placement of materials in drums, tanks or other structures intended to retain the materials for subsequent use or disposal. Waste oil means discarded oil generated by residential, institutional, commercial, industrial or agricultural sources or oil recovered from spills. (Code 1982, § 29-31; Ord. 22-12, 7-7-22) Cross references: Definitions generally, § 1-2. Sec. 62-57. Disposal and storage of hazardous waste. No person shall dump, dispose of, or store hazardous waste except by those methods approved by state or federal regulations. Hazardous waste, properly packaged and labeled identifying the waste, may be stored in quantities of 100 kilograms (220.46 pounds) or less only upon written approval of the code enforcement officer and fire chief. Notwithstanding the foregoing, it shall be unlawful for any person to dispose of hazardous waste by the landfill method. A generator may accumulate hazardous waste in excess of 100 kilograms (220.46 pounds) on the site of its generation for a period not to exceed 90 days upon written approval of the code enforcement officer and fire chief subject to the following conditions: All such waste is shipped off-site in 90 days or less. The waste is placed in containers in accordance with local, state and federal regulations. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container. Each container is properly labeled and marked as specified by local, state and federal regulations. ---PAGE BREAK--- SOLID WASTE Lewiston Code Chapter 62 CH 62:17 The generator complies with all the requirements for owners or operators as outlined in local, state and federal regulations. (Code 1982, § 29-32) Sec. 62-58. Waste oil. No person shall dump or dispose of any waste oil except that waste oil may be stored in an approved container in quantities up to 1,000 gallons. Notwithstanding the foregoing, waste oil may be stored in quantities greater than 1,000 gallons upon written approval of the code enforcement officer and fire chief. (Code 1982, § 29-33; Ord. 22-12, 7-7-22) Sec. 62-59. Penalty for violation of article. Any person found to be in violation of this article shall be subject to a fine in accordance with the city's policy manual as approved by the city council. Each day during which a violation of this article occurs shall constitute a separate offense. (Code 1982, § 29-34; Ord. No. 08-06h, 8-14-08) Secs. 62-60--62-69. Reserved. Editor’s note - Ord. No. 09-02, effective 4-16-09, repealed Article IV in its entirety, repealing § § 62-70 – 62-74. Formerly, said sections pertained to the Solid Waste Committee.