The owner of each nonresidential premises where solid waste is created or generated shall provide, at a suitable place upon such premises, sufficient receptacles for receiving and holding such solid waste during the intervals between collections. Refuse containers shall be maintained in good condition, free of holes and fissures and shall be equipped with securely fitting covers and shall be of sufficient size to prevent spillage between collection dates. No person, firm or owner of a nonresidential premises shall contract with a commercial solid waste hauler that does not have a valid solid waste collector's permit as set forth in these regulations.
Commercial food refuse shall be drained, free of liquids and placed in a watertight, verminproof metal or nonbrittle plastic receptacle with a tight lid. The persons having custody or control of premises used for business purposes from which refuse is offered for collection shall see that the same is placed at the side of the nearest public road not more than two hours before the scheduled time of collection for said road in such containers and bundles as are herein described and in such a manner that said containers and bundles do not constitute a travel or health hazard or nuisance of any sort; and after said containers have been emptied, they shall be removed from the side of the road within one hour after the materials therein have been collected. Alternatively, commercial food refuse containers may be large, covered containers designed to be mechanically emptied into a refuse truck.
Multifamily dwelling apartment units and each commercial, industrial or other nonresidential entity shall provide or shall require its solid waste collector to provide separate dumpsters or other collection containers for refuse and for recyclables accumulated on the premises. Any nonresidential entity which is not collecting recyclables as defined in § 94-28 in separate containers from refuse within two days after written notice from the Director shall be deemed to be in violation of this chapter.
All recyclables shall be separated from solid waste materials in the following manner:
A. 
Glass food containers and metal food containers may be mixed together in the recycling container.
B. 
Newspaper and corrugated cardboard.
C. 
Number 1 and Number 2 plastics are presently collected as recyclables. Items should be rinsed clean and placed within the recycling container.
D. 
No nonrecyclables, including plastic bags, shall be placed in said container.
E. 
Any other item or items that are part of the solid waste stream which are defined herein or by state statute or regulation as being recyclable shall be separated in a manner determined by the Director.
All commercial and business establishments and other waste generators that have recyclables collected by a privately contracted solid waste collector shall submit, directly or through their permitted solid waste hauler, written reports of tonnages recycled by material every month to the Director.
All refuse and other solid waste materials, including materials for recycling, upon being removed by a solid waste collector from the premises where produced or accumulated, shall become and be the property of the solid waste collector. Upon being deposited in a designated transfer, processing or disposal facility, said materials shall forthwith become the property of the owner of such facility.
Refuse hauled by any person over any road in the Town shall be securely tied or covered during the hauling thereof. No person shall allow refuse to leak, spill, blow off or drop from any vehicle on any road. No newspaper or other solid waste, clean or otherwise, shall be set out, stored or transported in such a fashion as to cause it to blow away, become a hazard to public travel or safety or otherwise create a public nuisance.
A. 
Solid waste collector's permit. No person shall use any vehicle for collecting, hauling or transporting solid waste collected in the Town on any public road within the Town without first obtaining a solid waste collector's permit from the Director; it being the intent of this article to prohibit any person from hauling garbage, rubbish, debris and solid waste for hire over Town roads without obtaining a vehicle permit pursuant to this chapter.
B. 
Permit fees; permit numbers. The Town Council shall, by resolution, set fees for solid waste collector's permits. Each person shall file with the Director, in writing, on a form furnished and approved by the Director, such information as he may deem necessary in the issuing of a permit for each vehicle proposed to be used.
A. 
Applicants for a new or renewed solid waste collector's permit issued pursuant to this chapter shall file with the Director a verified application, in writing, on a form furnished and approved by the Director, which shall have the following information as a minimum:
(1) 
The name and a description of the applicant.
(2) 
The permanent home and business address and full local address of the applicant.
(3) 
The trade and firm name.
(4) 
If a joint venture, a partnership or limited partnership, the names of all partners, their percentage of participation and their permanent addresses; if a corporation, the names and permanent addresses of all the stockholders and the officers and the percentage of participation of each.
(5) 
The names/locations of the designated transfer station, processing facility or disposal area that the applicant will utilize for the disposal of all solid waste collected and transported by him. (Said name/location is to be acceptable to the Director and in conformance with § 94-40 herein.)
(6) 
A statement that the applicant's vehicles and equipment conform to all applicable provisions of this chapter.
(7) 
A current list of nonresidential accounts, including physical location of collection points, contact name, address and phone numbers for each customer. This list shall be amended as needed to keep it current throughout the permit term.
(8) 
Certification that the applicant has adequate liability insurance and that the Town of Tolland is named as an additional insured on the policy.
B. 
Filing fee. All applications shall be accompanied by a filing fee for each application for the issuance of a new permit, the renewal of an existing permit or the modification of an existing permit as detailed in Article V of these regulations.
C. 
Application investigation. The Director shall conduct such investigation of each application as he shall deem necessary so as to be able to recommend to the Town Manager whether said application should be granted in whole, in part or denied. Such recommendation shall include the Director's findings, based on the information contained in the application submitted and the applicant's relevant municipal solid waste collection experience, concerning the ability of the applicant to properly perform the service proposed and to conform to the provisions of this chapter and the rules and regulations of the Town and his conclusion as to whether the proposed service is or will be required by the present or future public convenience and necessity.
A. 
Upon receipt of the recommendations of the Director, the Town Manager may approve, either in whole or in part, or conditionally approve the application, upon finding that:
(1) 
The applicant is able to properly perform the services proposed and to conform to the requirements of this chapter and the rules and regulations of the Town.
(2) 
The proposed service is or will be required by the present and future public convenience and necessity.
B. 
Upon approval or conditional approval, the Director shall issue the appropriate permit. In the event that either required finding is not made, the application shall be denied.
All collection permits issued under this chapter shall be effective starting January 1, 2009, for a two-year period unless otherwise provided or revoked or suspended. Renewal of permits shall likewise be for a two-year period. All present collectors must apply for new permits as provided for herein or be in violation of the provisions of this chapter.
No permit granted pursuant to the provisions of this chapter shall be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated or otherwise encumbered or disposed of, in whole or in part, directly or indirectly, whether voluntarily or by operation of law or any stock transfer, transfer in trust, change in control, consolidation or merger, without the prior written consent of the Town Manager. The Town Manager may grant or deny such a request and may impose such conditions as he may deem to be in the public interest. Any disposition made without such consent shall constitute good cause for revocation of the affected permit.
Any permit issued under the provision of this chapter is a privilege not a right. It may be suspended, canceled or revoked on 10 days' written notice mailed to the last business address of the permittee as furnished to the Director. The notice to the permittee shall be transmitted by certified mail, return receipt requested, upon the following:
A. 
Any permittee fails or refuses to comply with the provisions of this chapter or the applicable rules and regulations of the Town, including depositing recyclables or refuse in other than authorized facilities.
B. 
The permittee has assigned, either voluntarily or by operation of law, any permit issued hereunder without the prior written approval of the Town Manager.
C. 
The Director finds that the vehicles used or proposed to be used by the permittee for the collection and transportation of solid waste are insufficient, unfit, violate the provisions of this chapter, violate state health code requirements or violate the Town regulations adopted in accordance with this chapter.
All permittees under the provisions of this chapter shall keep and maintain such records as the Town Manager may require to ascertain the extent of compliance with this chapter and shall make the financial or business records of the permittee's operation available for inspection by the Town Manager if so requested.
A. 
Vehicle identification. Each vehicle shall be marked with the company name prominently displayed.
B. 
Vehicle equipment. Each vehicle hauling solid waste in the Town under permit shall carry at least a shovel, broom and fire extinguisher.
C. 
Construction and maintenance of vehicles and containers. All vehicles registered to collect and transport solid waste shall be maintained free of obnoxious odors and accumulated solid waste. Any such vehicle shall be of a closed construction. A container utilized primarily for non-liquid solid waste need not be of watertight construction, but shall be completely enclosed.
Each solid waste collector shall deliver all solid waste collected within the territorial limits of the Town to such place or places as the Town may from time to time designate.
Transportation and handling of solid waste shall be carried out in accordance with all federal and state laws and regulations, including but not limited to the Public Health Code of the State of Connecticut as it shall be amended from time to time.