Old Town City Zoning Code
SECTION 112
Generator-Owned Secure Landfills
§ 112.00 Authority.
The City of Old Town promulgates this ordinance pursuant to M.R.S.A. 38, Section 1310-U and the Charter of the City of Old Town. This section shall not be interpreted to be stricter than applicable State Laws and regulations or Maine Department of Environmental Protection interpretations of those laws and regulations.
§ 112.01 Purpose.
These review regulations are established to promote the public health, general, economic and environmental welfare by requiring development plans to be submitted to, and reviewed by the Planning Board for generator-owned secure landfills which have a potential for significant impact on the environment but which when properly designed can become acceptable uses. The primary purposes of such review shall be to insure orderly and beneficial development and the maintenance of public health and welfare.
§ 112.02 Definitions.
(a)
Terms.
GENERATOR-OWNED SECURE LANDFILL
A solid waste disposal facility used exclusively for the disposal of waste generated by the owner of the facility except that the facility may accept, on a nonprofit basis, up to 15% by weight of all nonhazardous solid waste accepted on an annual average by sources other than the owner. Such a landfill must use a liner system, a leachate collection and treatment system, and a final cover system to minimize discharges of waste or leachate, and control the release of gas to the environment.
OWNER/GENERATOR
This term is used throughout the ordinance and is meant to include the individual or entity that owns the site for the proposed landfill. Included in and covered by this term are all agents of the owner/generator that may be involved in the application process, the construction, the operation, and the closing of the landfill, including the transportation of waste material and leachate. It will be the responsibility of the owner/generator to ensure that all of its agents comply with the requirements under this ordinance.
(b)
All other definitions for the purpose of this ordinance shall be those defined in Title 38, Section 1303-C M.R.S.A. and the Department of Environmental Protection Solid Waste Management Regulations, Chapter 400, as amended from time to time.
§ 112.03 Filing procedures.
(a)
Persons seeking approval must submit the following to the Planning Board clerk:
(1)
The proposed site location including:
a.
Location map. The most recent U.S. Geological Survey topographic map (7 1/2 minute series) of the area showing property boundaries and waste facility boundary.
b.
A narrative describing size, access and brief generalized description of predevelopment vegetative growth.
(2)
Ownership and title; copies of deeds showing sufficient ownership and title.
(3)
Discuss the source and delivery of waste; provide:
a.
The source of waste and amount of waste from each source including an estimate of material to be disposed of on an annual basis.
b.
The types of vehicles used to deliver waste to the facility and to transport leachate to the treatment plant.
c.
The estimated number of trips per day for each type of vehicle to enter or leave the facility and the routes of travel of those vehicles.
d.
A narrative on safety precautions being taken to prevent spillage of waste material and/or leachate. Include procedures which will be followed if a spill occurred.
e.
List of all hazardous waste generated at the facilities from which waste is being accepted and method of disposal of such waste.
(4)
Types of waste. Discuss types of waste from all sources. Include an estimate of chemical analysis of each material, variability, and the potential hazard of each material. Also, include a discussion on the composition of the leachate to be generated at the landfill.
(5)
Discuss the potential for source reduction and recycling of materials to be placed in the landfill.
(6)
Submit the estimated cost of project including separate costs for construction, closure and post-closure.
(7)
Submit evidence of the applicant's financial capability to complete the development.
(8)
Soils map. Include a soils map and narrative by a Maine certified Geologist or a Maine Professional Engineer showing evidence that the soils and geology on the site are suitable for the proposed secure landfill, consistent with Maine Department of Environmental Protection regulations.
(9)
Maps. Maps no larger than 32 inches by 48 inches shall be submitted at an appropriate scale to show needed detail. Maps shall cover the landfill site and a minimum of 1,000 feet beyond the site on all sides. Detail maps of the development shall not be greater than one inch equals 100 feet. The maps shall show the following as appropriate:
a.
Name and address of owner.
b.
Scale, north arrow, and date.
c.
Property boundaries.
d.
Topography, existing and after closure. In the area of the development the contour interval shall be two feet or less and the contour interval over the remaining property shall be 10 feet or less.
e.
Roads, walkways, parking areas, and loading/unloading facilities.
f.
Culverts.
g.
Structures.
h.
Streams, intermittent streams, water bodies, wetlands.
i.
Cross section lines.
j.
Buffer zones.
k.
Wells, springs, or any other source for private or public water supplies.
l.
Utilities, existing and proposed.
m.
Proposed landfill boundary.
n.
Zoning.
o.
Signs, fences and permanent outdoor fixtures.
p.
Exterior lighting.
q.
Easements and right of ways.
r.
Erosion and sedimentation control.
(10)
Cross sections. Cross sections shall be submitted in at least two directions through the landfill site showing:
a.
Original topography.
b.
Final topography.
c.
Surficial and bedrock geology.
d.
Water table.
e.
Significant aquifers.
(11)
Road construction. Typical cross section and profile of the main access roads to the facility. Also, discuss plans for maintenance and general upkeep of the roads in the development.
(12)
Construction and operation. A narrative describing the construction, development phases, and the operation of the landfill, including safety and security measures and the control of any offensive odor, dust and vermin.
(13)
Submit boundary survey, made and certified by a Maine licensed land surveyor.
(14)
Submit recent aerial photographs of the area taken within the last year. Aerial photos shall give complete stereo coverage within, at a minimum, 1,000 feet of the property boundary of the proposed landfill disposal facility. The scale of the photographs shall be one inch equal to or less than 500 feet. The proposed solid waste boundary and the property boundary shall be clearly outlined on one photo.
(15)
Ground Water Monitoring Program. A narrative discussing the ground water monitoring program during the operation of and after the closure of the landfill.
(16)
Surface water management with a narrative and maps discuss pre- and post-development storm water runoff and steps being taken to assure no increased peak runoff. Submit TR-55 for pre- and post-development conditions. Use the twenty-five-year storm event.
(17)
Application fee. A nonrefundable application fee of $2,000 shall be submitted with the application.
(18)
Consultant fee. The owner/generator shall file, at the time of submitting an application, a $5,000 fee to cover the cost of necessary consultant assistance for the City to evaluate the application. When the fee has been depleted to $1,000, the owner/generator must replenish the fund so that there is $5,000 in the fund up to a maximum of $15,000 contributed by the owner/generator. Expenditure of funds from this fund may be used to support the City's review of the application and must be approved by the City Council's Finance Committee. Upon approval or denial of the project and the completion of any appeals or time periods for appeals, monies remaining, if any, in this fund shall be reimbursed to the owner/generator.
(19)
Department of environmental protection application. Three copies of the complete application which has been submitted to the department of environmental protection and copies of any additional information requested by the Maine Department of Environmental Protection.
(b)
Filing of the above listed documents with the Planning Board clerk shall constitute filing of an application for review for secure landfills.
(c)
Within 10 days of the filing of an application for review, the Planning Board clerk shall notify the owner/generator in writing either that the application is a complete application or, if the application is incomplete, the specific additional materials needed to make the application complete. A completeness determination does not preclude the Planning Board from asking for more information.
(d)
Within 60 days of the notification of a completed application the Planning Board shall hold a public hearing on the application. The Planning Board shall notify interested parties by placing a notice of hearing in one newspaper with local circulation at least seven days prior to the hearing stating the nature of the hearing and the time and place of the public hearing thereon. The owners of abutting property shall be notified by direct mail.
(e)
Within 35 days of the public hearing the Planning Board shall approve subject to conditions of Section 112.06, or disapprove the application. The Planning Board shall limit its review to the criteria set forth in Section 112.04. The Planning Board may consult with the owner/generator or any other party in making its decisions. All decisions of the Planning Board shall contain a statement setting forth the exact reason for the finding. A copy shall be forwarded to the owner/generator and the Code Enforcement Officer.
§ 112.04 Standards for review for generator-owned secure landfills.
(a)
The Planning Board shall evaluate the application according to the following criteria and shall approve the application if all of the following have been met:
(1)
That the proposed development will be built on soil types which are suitable for the development of a secure landfill.
(2)
That the proposed development will not present an unreasonable risk that a discharge to a significant ground water aquifer will occur.
(3)
The developer has made adequate provisions for the safe movement of traffic of all types, into, out of and within the developed area. The main access road is to be constructed in accordance with provisions of a private gravel road in Section 104.6 and other internal roads are to be constructed in accordance with good engineering practice.
(4)
That the owner/generator has the financial capacity and technical ability to meet state air and water pollution control standards.
(5)
The owner/generator has made adequate provisions for the control of offensive odor, dust and vermin.
(6)
The owner/generator has taken steps to minimize storm water runoff and surface water contamination.
(7)
The owner/generator has provided for adequate litter control, spill control and has developed an adequate safety plan.
(8)
The owner/generator has provided landscaping and screening, leaving a buffer of at least 300 feet between the waste facility boundary and property boundary to minimize visual impact of the development. There shall be no cutting of trees inconsistent with the intent of maintaining this buffer, except for the purpose of erecting a fence or constructing a road or monitoring wells, or drainage structures within this 300-foot buffer.
(9)
That the owner/generator has taken adequate steps to minimize fire safety hazards.
(10)
The owner/generator shall meet the following minimum setback requirements at the time of application:
a.
Distance from property line: 300 feet.
b.
Distance from nearest residence: 1,000 feet.
c.
Distance from nearest well or spring used for public or private water supply: 1,000 feet.
d.
Distance from a classified body of water: 300 feet.
e.
Distance from an airport runway: 5,000 feet.
(11)
That the minimum size of real property owned by the generator on which the landfill is located is adequate to meet the operational needs and siting requirements of this ordinance.
(12)
The owner/generator has taken all practical steps which are economically feasible to reduce the amount of material to be placed in the landfill through recycling and source reduction.
§ 112.05 Planning board decision.
The Planning Board may either grant approval subject to the conditions of Section 112.06 or deny the application with appropriate findings.
§ 112.06 Conditions of approval.
(a)
No transfer of the ownership of the development without the written permission of the Planning Board.
(b)
The owner/generator must receive all state and federal permits prior to the beginning of construction of the project and file a copy of said permits with the Code Enforcement Officer.
(c)
Construction shall commence within two years from the date of receiving the final local, state and federal permits.
(d)
The owner/generator shall notify the Code Enforcement Officer and make an application to the Planning Board for any proposed modifications to the type of solid wastes disposed at the landfill which have been approved by the department of environmental protection. The Planning Board may hold a public hearing on the issue. Any public hearing held for this purpose shall occur within 35 days after the owner/generator's request for Planning Board approval to dispose of the new waste stream. The Planning Board shall consider whether the disposal of the new waste stream will be physically and chemically compatible with the wastes already approved. That the method and route of transportation is adequate. That the owner/generator has considered alternate methods of disposal. That the owner/generator has considered the potential for recycling and source reduction for the necessary steps to ensure that the new material will not unreasonably increase the threat to the environment. The Planning Board shall approve or deny the request within 30 days after the close of the public hearing.
(e)
At the time of closure, the owner/generator must submit to the Planning Board the closure plan it has developed in accordance with the department of environmental protection regulations.
(f)
If the owner/generator receives a notice of violation for the facility from the department of environmental protection or any other state or federal agency, it shall notify the Code Enforcement Officer within three business days of receipt of said notice. Within 30 days, the owner will submit copies of the response of the notice violation to the Code Enforcement Officer.
(g)
If the owner/generator detects any contamination of the ground water or any abnormal condition which may have an adverse effect on the health, safety, or welfare of the community, they must notify the Code Enforcement Officer as soon as possible, however, the notification must be within five days.
(h)
Annual fee. The owner/generator must pay an annual operating fee to the City of Old Town of $1,000 with the first payment due upon receipt of the initial permit and subsequent payments due by June 30 of every year the facility is operated.
(i)
Annual report:
(1)
At the time of approval of the application, the owner/generator shall file a $5,000 fee to cover the cost of sampling, analysis and review of the sampling results by a consultant. The fund shall run for the duration of the operation of the landfill and during the post closure monitoring period defined by the department of environmental protection. The City may use the fund to evaluate waste material, leachate, ground water or soil. Once the fund has been depleted to $1,000 the owner/generator must replenish the fund so that there is $5,000 in the fund. The City cannot spend more than $5,000 of the fund in any given calendar year.
(2)
Expenditures from the fund must be done after consulting with the owner/generator. When possible, sampling and analysis will be done in conjunction with requirements of other federal and state agencies. All expenditures from this fund must be approved by the finance committee of the City Council.
(3)
Any amounts remaining in the fund after the department of environmental protection post closure monitoring period shall be refunded to the owner/generator.
(j)
Reports. The owner/generator shall submit to the Code Enforcement Officer the following:
(1)
All quarterly and annual reports required by the department of environmental protection.
(2)
All other reports, notices or other submittals which are required by any state or federal agency.
(3)
Annual report. An annual report stating the amount, source and type of waste disposed of and the number and types of vehicles used. Also, include a discussion on the material recycled and efforts made to reduce amount of material placed in the landfill.
(k)
All conditions imposed on the applicant by any state or federal agency, whether the condition is imposed prior to approval by the City or subsequent to approval by the City, shall automatically become a condition of the permit issued by the City and the owner/generator is requested to notify the City of all such conditions.
(l)
The Planning Board may impose other conditions so long as those conditions do not violate the intent of this ordinance or state and federal law.
(m)
By accepting the permit the owner/generator, its assign, heirs, etc., accept all moral and financial responsibility for any damage to personal property or the environment resulting from its operation.
(n)
Representatives of the City of Old Town will have the right to enter and inspect the operation, facilities, and any vehicles used in the operation as well as the right to sample and test any material being placed in the landfill or leachate being produced at any reasonable hour.
(o)
Liability insurance:
(1)
The owner/generator shall maintain liability insurance for sudden and accidental occurrences. The owner/generator shall provide proof of said insurance on an annual basis. Coverage shall be provided for bodily injury and property damage and must be provided during active life and during post closure of the facility. The purpose of the coverage in the event of contamination is to provide funds for the creation of an alternative water source or for the payment of damages to injured parties. The level of coverage must be at least $1,000,000 per occurrence. The Planning Board may assess a higher minimum coverage if the Planning Board determines it is necessary for a particular facility. Coverage shall run for the active period of the landfill and for 30 years following closure.
(2)
All liability insurance coverage amounts must be exclusive of legal defense costs.
(3)
If liability insurance is not available, a $2,000,000 or greater, letter of credit drawn on a reputable bank, the terms of which the Planning Board must approve, may be used in lieu of liability insurance for sudden and accidental occurrences.
(4)
The wording of liability insurance endorsements shall be subject to approval by the Planning Board. This endorsement shall contain conditions equal to the following:
a.
The insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the insurer;
b.
Whenever requested by the Planning Board, the insurer agrees to furnish a signed duplicate original of the policy and all endorsements;
c.
Cancellation of this endorsement, whether by the insurer or the insured, shall only be effective upon written notice and only after the expiration of 60 days after a copy of the written notice is received by the Planning Board; and
d.
Any other termination of this endorsement will be effective only upon written notice and only after the expiration of 30 days after a written copy of the notice has been received by the Planning Board.
(5)
If a liability insurance policy is written as a "claims made" policy, an endorsement must provide for a discovery period of at least 12 months beyond the date of expiration or cancellation of the policy. The endorsement must also provide that the underwriter will notify the public according to the requirements below:
At least 60 days prior to the date upon which the policy will expire or be canceled, written notification shall be given to all owners of property abutting the facility and to the chief elected official in the municipality in which the facility is located and in each of the municipalities immediately abutting the municipality in which the facility is located, that insurance for the facility will expire or be canceled, giving date of expiration or cancelation, and that claims against the insured must be filed within 12 months from the date of expiration or cancelation, specifying where and how claims can be filed.
(6)
The owner/generator of a private, noncommercial, solid waste disposal facility may use a financial test in lieu of liability insurance coverage under certain conditions. These conditions include:
a.
That the owner/generator of the solid waste facility derives more than 50% of its income from activities not associated with the handling, transportation, or disposal of solid waste of hazardous waste, and
b.
That the owner/generator must meet the financial test for liability coverage in 40 CFR 264.147(f) of July 1, 1986.
§ 112.07 Waiver of provisions.
Any facility owner/generator may seek a waiver to the provisions governing the establishment, alteration, operation or closing of the waste facilities subject to this section by using the procedures described below. It is the responsibility of the owner/generator to demonstrate that its proposal will comply with the intent of these rules.
Note: The Planning Board intends, through this section of "Waivers" to allow for flexibility and creativity in meeting the requirements of these rules. Differences in waste characteristics, facility size, geologic conditions and management capacities may be taken into consideration.
(a)
Waivers affecting location, facility design, and construction.
(1)
The Planning Board has determined that the requirements of these rules affecting location criteria for new waste facilities are best able to ensure that a facility will not pollute any waters of the state, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance. Whenever a facility owner/generator seeks to vary from the requirements of these rules relating to location criteria, facility design and construction, the owner/generator must present clear and convincing evidence that the facility site's location, design or construction is distinctive in some way that allows for compliance with the intent of the ordinances of the City of Old Town.
(2)
Application or plans that vary from the requirements of these rules shall identify the provisions from which literal compliance is sought, the proposed alternative, and such clear and convincing evidence as is necessary to demonstrate affirmatively that the intent of the ordinances will be met. The Planning Board shall consider the waiver as part of its comprehensive review of a complete application.
(b)
Variances affecting the contents of the application and the facility closure plan. Specific requirements of this ordinance relating to the contents of an application for review under this section or the contents of a waste facility closure plan may be varied with the approval of the Planning Board. Particular waste characteristics, handling, site conditions and engineering designs may necessitate a greater or lesser need for data acquisition as determined by the Planning Board.
(c)
Waivers affecting operation. Whenever any facility owner/generator seeks to vary any aspect of a facility's operation from the operating requirements of this ordinance, application may be made to the Planning Board for a special condition to the approval.
(1)
Criteria. The Planning Board may grant a waiver only when it finds that a facility will not contaminate any waters of the state, contaminate the ambient air, constitute a hazard to health and welfare, or create a nuisance, and, specifically, that compliance with the intent of the ordinance is affirmatively demonstrated.
(2)
Contents of application. Requests for a waiver properly submitted to the Planning Board shall include, but not be limited to:
a.
Identification of the specific provisions of these ordinances from which waiver is sought;
b.
The alternative operational procedure proposed and the reasons why it meets the intent of the ordinance;
c.
The reasons for which a waiver is requested, including the environmental, economic and technological justifications; and
d.
Any other relevant information the Planning Board may request or the applicant may wish to provide.
(3)
Term and renewal of conditions. The term of the waiver shall be concurrent with the term of the approval or for such lesser term as the Planning Board may specify.
(d)
300-foot waiver. If the Planning Board shall determine from an examination of soil conditions, ground water characteristics, climatic conditions, topography, the nature and amount of the solid waste and other appropriate factor, that the deposit of solid waste within an area less than 300 feet from any classified body of surface water, will not result in an unlicensed direct or indirect discharge of pollutants to such body of surface water, it may, after notice and hearing, permit the deposit of solid waste within such area, upon such terms and conditions as it deems necessary. Permits issued pursuant to this section shall be for a term of not more than two years but maybe renewed for successive two-year terms after re-examination pursuant to this section.
(e)
Prohibitions. The Planning Board shall not grant a waiver for a new or expended solid waste disposal facility when that facility:
(1)
Overlies a significant sand and gravel aquifer as that term is defined in 38 M.R.S.A. § 1310-N (2-A) (A); or
(2)
When the proposed facility poses an unreasonable threat to the quality of a significant sand and gravel aquifer which it does not overlie; or
(3)
When the proposed facility poses an unreasonable threat to the quality of an underlying fractured bedrock aquifer as that term is defined in 38 M.R.S.A. § 1310-N (2-A)(B).
§ 112.08 Appeal procedure.
Any appeal of a Planning Board decision under this section must be made in writing to Superior Court, pursuant to Rule 80B of the Maine Rules of Civil Procedures within 30 days of the applicant's receipt of the Planning Board decision.
§ 112.09 Violations and fines.
Violation of the Planning Board approval including conditions imposed by Section 112.06 shall be declared unlawful. The violation of any such provision shall be punishable pursuant to Title 30-A, Section 4452(3) M.R.S.A., as amended from time to time. Each day the violation continues constitutes a separate violation. Furthermore, the Judge shall order that the violator or owner will pay the entire cost of abating the violation including legal costs incurred by the City of Old Town to obtain enforcement.
§ 112.10 Severability.
The provisions of this ordinance shall be severable and if any phrase, clause, sentence or provision, or the application thereof shall be held invalid, the remainder of this ordinance and the application thereof shall not be affected thereby.