For the purposes of this ordinance, the following terms shall have the
meanings herein defined:
ACCEPTABLE SOLID WASTE
Solid waste normally collected from households and industrial and
commercial establishments for disposal at a sanitary landfill, but does not
include nonprocessible solid waste that has been properly rejected by the
company at the facility in accordance with Section 4.01 of the municipal contract
and unacceptable waste.
ACTUAL ACCEPTANCE DATE
The date the facility is deemed accepted as provided for in Subsection
7.05(a) of the facility contract dated December 1, 1986, or the date upon
which there has been a facility buy-down under Article 9 or Article 10 thereof,
whichever occurs first.
ANNUAL OPERATING PLAN
The detailed operating plan for the facility provided for in Section
5.10 of the municipal contract.
ANNUAL SERVICE PLAN
The detailed service plan described in Section 5.10 of the municipal
contract.
APPROVED CONTAINERS
Standard containers, dumpster-type containers, roll-off containers
and special containers used for the transportation, storage or disposal of
refuse consistent with the provisions of this ordinance.
ASHES
The cold residue from the burning of wood, coal, coke or other combustible
materials.
BUNDLE
Boxes, cartons, paper, trimmings and similar matter bound so as not
to exceed four feet in length and 6 1/2 feet in perimeter and which shall
not weigh over 75 pounds.
COLLECTOR
Any person, firm, corporation or the like which engages in the business
of collecting and/or removing refuse within this municipality.
COMPANY
Wallingford Resource Recovery Associates, L.P., or its lawful successor
under the service contract dated December 1, 1986, or the facility contract.
CRRA
The Connecticut Resources Recovery Authority.
DIRECTOR
The Director of Public Works of this municipality or his authorized
representative.
DUMPSTER-TYPE CONTAINER
A dumpster-type container which is designed to allow collection and
storage of refuse at a specific site, which is so constructed that the container
can be emptied by the equipment used for collection into the collection equipment
at the storage site, which has a tight-fitting cover or closure and which
is of watertight construction where intended or used for storage of garbage
or liquid wastes.
FACILITY
The solid waste disposal and resource recovery facility to be constructed
and operated in the Town of Wallingford, Connecticut, by the company pursuant
to the facility contract and the service contract and all appurtenant structures
and equipment.
FACILITY CONTRACT
The facility contract for design and construction of a resource recovery
facility between CRRA and the company, a copy of which is on file in the Town
Clerk's office.
GARBAGE
All putrescible wastes except sewage and body wastes, including vegetable
and animal offal.
HEALTH DIRECTOR
The Director of the Quinnipiac Valley Health District or his authorized
representative.
MUNICIPAL CONTRACT
The municipal solid waste delivery and disposal contract between
CRRA and this municipality, a copy of which is on file in the Town Clerk's
office.
NONPROCESSIBLE SOLID WASTE
The following categories of solid waste (other than unacceptable
waste):
B.
Noncombustible construction materials and demolition debris, including
masonry, brick and stone, structural steel, rebar and structural shapes.
C.
Oversized bulky waste: that is, items which exceed seven feet by three
feet by five feet in size.
D.
Tree stumps, logs, brush and combustible demolition debris which exceeds
four feet in length and four inches in diameter or four inches in thickness.
E.
Other items not normally burned in a mass-burn facility, such as white
goods and engine blocks, the processing of which would cause damage to the
facility (except for ordinary wear and tear).
PARTICIPATING MUNICIPALITY
Any of the Towns of Cheshire, Hamden, North Haven and Wallingford,
the City of Meriden and any other Connecticut municipality which shall enter
into an agreement with CRRA for disposal of waste by the system, which agreement
is generally the same as the municipal contract, and any other Connecticut
municipality delivering solid waste to the system pursuant to the terms of
the municipal contract.
PERMITTEE
A person who is granted a permit by the municipality under the terms
of this ordinance during the time such permit is valid.
PERSON
Any individual, corporation, partnership, association or other entity
or organization of any kind.
PERSON IN CHARGE
The foreman or other person in charge of the solid waste disposal
area.
RECYCLING
A method of reducing the volume of wastes which results in the separation,
extraction, refinement or utilization of materials, including but not limited
to aluminum or other metal cans and products, glass, high-grade paper, newsprint
and cardboard, which may then be marketed or delivered for reuse in manufacturing
or other processes.
REFUSE
Garbage, ashes and rubbish, but not unacceptable waste as herein
defined.
RESIDUE
That material remaining after the processing of solid waste at the
facility, and includes solid waste accepted but not processed at the facility.
RESIDUE DISPOSAL SITE
The properly licensed and permitted site or sites specified by CRRA
to be used for the processing for disposal and/or the disposal of residue,
nonprocessible solid waste and all acceptable solid waste not accepted at
the facility.
ROLL-OFF CONTAINER
A removable container designed to be left at a location, to be filled
with refuse and then, by means of special equipment, to be transported to
another location where it is emptied for disposal of its contents.
RUBBISH
All nonputrescible waste materials except ashes, including but not
limited to paper, cardboard, wood, glass, bedding, crockery and industrial
wastes. The term "rubbish," as used herein, shall not mean, nor shall it include
in its meaning, unacceptable waste.
SERVICE CONTRACT
The waste disposal service contract between CRRA and the company
for the processing and disposal of acceptable solid waste at the facility,
a copy of which is on file in the Town Clerk's office.
SOLID WASTE
Unwanted and discarded solid materials consistent with the meaning
of that term pursuant to Section 22a-260(7) of the Connecticut General Statutes.
Semisolid and liquid materials of the type that are customarily collected
and treated in a municipal sewage and/or water treatment system are not "solid
waste" nor, for the purposes of this ordinance, is unacceptable waste.
SOLID WASTE DISPOSAL AREA
The sanitary landfill, if any, operated by this municipality or such
other area as may be designated by the Director as a solid waste disposal
area for the disposal of refuse, but shall not include the facility or the
residue disposal site.
SPECIAL CONTAINER
Any other storage container approved by the Director which does not
violate any of the provisions of this ordinance.
STANDARD CONTAINER
A watertight plastic or metal container with handles or bails, having
a tight-fitting cover, not weighing over 35 pounds when empty, not weighing
over 75 pounds when filled and not having more than a thirty-two-gallon capacity.
STATE
The State of Connecticut.
SYSTEM
The complete resource recovery system, including the facility and
the residue disposal site, for the processing and/or disposal of acceptable
solid waste and nonprocessible solid waste.
UNACCEPTABLE WASTE
A.
Explosives, pathological waste, hazardous chemicals or materials, radioactive
materials, sludges, cesspool or other human waste, human and animal remains,
motor vehicles, liquid wastes and hazardous substances as defined in the Comprehensive
Environmental Response. Compensation and Liability Act, as it may be amended
from time to time hereafter, and any analogous federal, state or local law,
ordinance, rule or regulation as may be applicable at the time of delivery
of waste to the system, other than such insignificant quantities of the foregoing
as are customarily found in normal household, industrial and commercial waste
and as are permitted by law to be treated and disposed of in facilities not
specifically permitted or licensed to treat or dispose of such materials,
including hazardous substances.
B.
Any item of waste either smoldering or on fire.
C.
Waste in quantities and concentrations which by law require special
handling in their collection and/or processing.
D.
All other items of waste which, at the time of delivery to the system,
would be likely to pose a threat to health or safety or would not normally
be disposed of in a sanitary landfill (except that, if such waste would be
legally processible at the facility, even though it could not be disposed
of at a sanitary landfill before being so processed, it shall not be unacceptable
waste at the facility) or would be prohibited, by any judicial decision, order
or action of any federal, state or local government or any agency thereof
or any other regulatory authority or any applicable law or regulation, from
being processed at the facility.
Nothing in this ordinance is intended to preclude or discourage recycling.
The Board of Selectmen may, upon the recommendation of the First Selectman,
establish by resolution a mandatory or voluntary recycling program. Such resolution
will, at a minimum, specify materials to be segregated from other solid waste,
methods of segregation, methods of collection and the delivery point of segregated
materials for recycling. Any fees charged at the delivery point may be approved
by resolution.
This ordinance is authorized pursuant to Sections 7-148, 22a-220, 22a-220a
and 22a-221 of the General Statutes of the State of Connecticut, as amended.
Should any provision of this ordinance be declared invalid for any reason,
such declaration shall not affect the validity of other provisions or of this
ordinance as a whole, it being the legislative intent that the provisions
of this ordinance shall be severable and that the balance of this ordinance
shall remain valid notwithstanding such declaration.
Any prior ordinances adopted by this municipality regarding collection,
storage and disposal of refuse, except junk automobiles, or use of the solid
waste disposal area are hereby repealed.