Albertson v. Town of Madison
Court: Supreme Judicial Court of Maine; March 28, 1985; Maine; State Supreme Court
Charles Albertson appealed a Superior Court decision affirming the Town of Madison's denial of his application for a septage disposal site under the Maine Hazardous Waste, Septage and Solid Waste Management Act. Albertson argued that the court erred in its affirmation, asserting that evidence indicated no health or safety hazards to residents. However, the court found no error in the town's decision. According to Section 1305(6) of the Act, municipalities must ensure proper disposal of effluent and sludge from septic systems and may approve private disposal sites, subject to the Department of Environmental Protection (D.E.P.) review. Albertson, operating as Albertson Septic Tank Service, sought approval for a site owned by Charles Farrar on Route 43. Prior to the administrative hearing, he presented the site to Madison’s Code Enforcement Officer (C.E.O.) and a D.E.P. representative. The statute mandates that municipalities must approve a site if it does not pose a health or safety hazard. In reviewing the town's denial, the court assessed the administrative record without deferring to the trial court's decision. Albertson claimed the town's decision was arbitrary and capricious, but he bore the responsibility to provide sufficient information demonstrating the site posed no hazard. The court noted that the only supporting information came from the C.E.O.’s inspection, which indicated no hazards, and a D.E.P. representative's statement that the site was adequately distanced from property owners. However, these opinions did not obligate the municipal officers to approve the site. The record lacked sufficient detail for the court to evaluate the application, leading to the conclusion that the town's action was not arbitrary or capricious. The judgment of the Superior Court was affirmed, with all justices concurring. The relevant statute stipulates that municipalities must provide waste disposal solutions and approve private sites after ensuring they do not endanger public health or safety.