[Added 4-4-1983; amended 9-5-1989; 12-10-1990]
As used in this article, the following terms
shall have the meanings indicated:
Any person who holds himself out for hire to collect solid
waste and recyclable material(s) from residents or business, commercial
or other establishments.
As defined in C.G.S. § 22a-207, as amended.
As defined in C.G.S. § 22a-207, as amended.
Every device in, upon, or by which any solid waste and/or
recyclable material is transported.
[Added 4-4-1983; amended 12-10-1990; 7-1-1996; 1-3-2023 by Ord. No. 01-23]
A.
Registration and license required for disposal of
solid waste at City and City-designated disposal facilities. All persons
engaged in the business of collection of solid waste and recyclable
materials who dispose of the solid waste collected at City and City-designated
disposal facilities shall obtain a license from the Director of Public
Works.
B.
Mandatory registration of all collectors of any type
of solid waste in the City of Middletown. All persons engaged in the
business of collection and disposal of solid waste, including and
not limited to recyclable materials, bulk material, landscaping debris
and leaves, must register with the Department of Public Works. In
accordance with C.G.S. § 22a-220a(d)(1) and (2), all registrations
will include the name and address of the hauler; the name and address
of the owner of the company; types of waste hauled; source of the
waste hauled; anticipated location of disposal facilities; and any
additional information the Director of Public Works deems necessary
to ensure the health and safety of Middletown residents.
C.
Any collector who delivers bulk waste, demolition
or construction debris, oversized municipal solid waste, landscaping
debris or leaves to the recycling center for payment must also obtain
a license to use the City Transfer Station. The license will include
a $25/vehicle fee and an agreement that the material they are depositing
originated in Middletown, and any other information the Director of
Public Works deems necessary to ensure the health and safety of Middletown
residents.
D.
Termination
of all licenses. Notwithstanding any other provision of this article,
the City reserves the right to terminate all licenses issued pursuant
to this article at any time during the license period. If all licenses
are terminated, the City will refund a prorated portion of the fee
for the unused portion of each license.
[Amended 6-2-1980; 4-4-1983; 9-5-1989; 12-10-1990]
A.
All registrations and licenses shall be for a period
of one year from July 1, or other date in the event of a partial year,
to the following June 30. The license fee shall be paid in advance
with the application. The application shall be made on a form prescribed
by the Director of Public Works. The fee shall be $25 per vehicle.
There will be no charge for the registration.
[Amended 1-3-2023 by Ord. No. 01-23]
B.
The following information shall be submitted in writing
with the application on forms prescribed by the Director of Public
Works:
(1)
A list of all vehicles and removable bodies to be
used to transport solid waste and recyclable materials to a disposal
area. The list shall state as to each vehicle the name of the manufacturer,
the Connecticut registration number, its cubic yard capacity and its
tare weight and gross weight. The list shall state the manufacturer,
an identification number, the cubic yard capacity and the tare weight
and gross weight of each removable body. All vehicles and removable
bodies that may be used are to be listed. The vehicles and removable
bodies to be regularly used shall be so designated. The other vehicles
and removable bodies may be used when regular vehicles are being repaired
or maintained.[1]
[1]
Editor's Note: Former Subsection B(2), which required submission
of a written list, was repealed 1-3-2023 by Ord. No. 01-23. This ordinance also
redesignated former Subsection B(3) through (5) as Subsection B(2)
through (4).
(2)
A certificate of insurance certifying to the City
that general liability and automobile liability insurance in the amount
of $1,000,000 is in effect naming the City of Middletown, its officers,
agents, servants and employees as additional insureds. Said certificate
shall state that the City of Middletown shall be given at least 30
days' prior written notice of the expiration of or any change in such
insurance. The certificate of insurance shall certify that workers'
compensation insurance coverage, as required by the State of Connecticut,
is provided.
(3)
If the licensee is an individual proprietor, a written
statement of the full name, business telephone number, business address
and residence address of the proprietor and of the person in charge
of the licensee's activities under the license; if a corporation,
the same information as to each officer, director, statutory agent
for service of process and person in charge of the licensee's activities
under the license; and if a partnership or association, the same information
as to each partner and associate and person in charge of the licensee's
activities under the license.
(4)
Such other information as may be required by the Director
of Public Works.
C.
The license is not transferable, and no licensee shall
permit another person engaged in the business of collection or disposal
of solid waste, other than its own agents and employees, to operate
under its license.
D.
Each body of each vehicle used to transport solid
waste and recyclable materials, whether the body is permanently affixed
to the vehicle or a removable body, shall have prominently and legibly
painted or otherwise displayed on at least one side, so as to be easily
read by a disposal site attendant, the cubic yard capacity of the
body. Each removable body that may be used by the licensee shall also
have so painted or displayed an identifying number which is to be
listed with the City in the same manner as vehicles. No vehicle will
be allowed to dispose of waste if it does not comply with this subsection.
The door of any private vehicle used to haul solid waste shall be
clearly marked with the business name and address of the hauler.
[Amended 6-2-1980; 12-10-1990]
Each licensee shall give immediate written notice
to the City of each change in vehicle or removable bodies used to
transport solid waste and recyclable materials and of each change
in personnel. The licensee shall be responsible for the operation
of any vehicle in the solid waste disposal area included on its list
submitted to the City until such time as the City is given written
notice that such vehicle is no longer used by him for that purpose.
No vehicle, removable body or operator of any licensee not listed
on the original list or any subsequent written notice filed with the
City will be allowed into a solid waste disposal area. Each licensee
shall, within 15 days, give written notice to the City of any change
in the amount of waste to be deposited each week.
A.
No solid waste shall be deposited in any solid waste
disposal area maintained by the City except the following:
(1)
Solid waste generated within the territorial limits
of the City of Middletown.
(2)
Solid waste generated outside of the territorial limits
of the City of Middletown permitted to be disposed of within a solid
waste disposal area maintained by the City pursuant to an agreement
approved by the Common Council.
B.
Disposal of any solid waste from any other source
in a solid waste disposal area maintained by the City is hereby specifically
prohibited.
[Amended 1-3-2023 by Ord. No. 01-23]
All collectors licensed in Middletown shall report where they deliver all solid waste, including those recyclable materials as defined in § 253-16B(1) through (9), inclusive, and § 253-16C(4), as amended, which is collected from within the boundaries of Middletown to a site as designated by the Director of Public Works.
Officials and employees of the City shall refuse
to permit any vehicle to deposit solid waste in a solid waste disposal
area maintained by the City if said vehicle contains in whole or in
part solid waste not authorized to be disposed of in such area under
the terms of this article.
A.
The Director of Public Works, prior to allowing disposal,
may require that each licensee, its agent or employee certify in writing,
under the penalties of false statement as provided in the Connecticut
General Statutes, as to the source and class of each load of solid
waste brought to a Middletown solid waste disposal area.
B.
If any licensee, its agent or employee fails or refuses, upon request by the Director of Public Works, to provide the certification in writing specified in Subsection A above as to any load of waste, the licensee, its agent or employee shall not be permitted to dispose of the waste in the vehicle in the solid waste disposal area and shall be ordered to remove the vehicle from the area immediately.
[Amended 12-10-1990]
All licensees shall obey all the orders and
directions of employees of the City employed at or in charge of the
City-maintained solid waste facility, shall dispose of their collections
at the points designated by such employees and shall comply with all
regulations issued by the Director of Public Works for the collection
of solid waste and disposal thereof in the City solid waste disposal
areas.
[Amended 12-10-1990]
A.
All licensees shall comply with all state, federal
and local laws, including but not limited to every section of this
article, all statutes, regulations, ordinances, bylaws, permits and
orders applicable to the transportation or disposal of solid waste.
B.
All collectors of solid waste including recyclable
material must be registered with the City and licensed if they use
the City or City-designated solid waste facility. They must follow
all rules and requirements of the facility and must have all insurances
and letters of credit as may be required by that facility. Any hauler
which has its license revoked by that facility will automatically
have its Middletown license revoked.
[Amended 1-3-2023 by Ord. No. 01-23]
C.
Collectors who fail to comply with the provisions
of this section will be subject to a fine in an amount so designated
by the Connecticut General Statutes, as amended, and to the revocation
of the license to haul solid waste, bulky waste or recyclable materials
within the City of Middletown.
The Director of Public Works may make additional
regulations consistent with this article and all other applicable
laws to promote the orderly collection of solid waste and disposal
thereof in solid waste disposal areas maintained by the City and for
the enforcement of this article. Each regulation shall be in writing
and shall become effective upon publication in a newspaper having
a general circulation in Middletown and filing of a copy with the
City/Town Clerk.
[Added 4-4-1983; amended 12-10-1990]
A.
Any person who resides in Middletown and any business, institution, or social or other organization having a place of business in the City of Middletown may bring brush, bulky waste or recyclable materials generated at such residence or place of business to an area maintained by the City. The Director of Public Works may monitor the deposit by use of a register, permit or other system. No such resident or business, institution or organization shall, directly or indirectly, deposit brush, bulky waste or recyclable materials generated outside of the City in an area maintained by the City. If the Director of Public Works finds, after hearing as provided in § 253-13, that any such resident, business, institution or organization has violated any applicable law, he may revoke the right or suspend the right for a reasonable period, provided he shall, for the first violation, at least suspend the right to dispose of waste in a disposal area for a period of not less than 10 days, and in the event of two violations within a fiscal year he shall revoke the right.
B.
Revocation or suspension shall be effective as provided in § 253-13. Any resident, business, institution or organization having its right revoked shall not be eligible to deposit materials in a City disposal area for a period of one year after the time the right is revoked. No resident, business, institution or organization whose right has been suspended or revoked will be allowed to defeat the purposes of this article by obtaining or using such right under an assumed name or the name of another person, business, institution or organization. Anyone having such right revoked may apply for reinstatement in the time and manner as provided in § 253-13.
C.
Residents may not bring any solid waste directly to
the facility so designated by the Director of Public Works for the
disposal of solid waste.
[Added 4-4-1983; amended 9-5-1989]
A.
Hearing. The Director of Public Works may, based on
information received by him, and shall, upon written application supported
by an affidavit setting forth the facts which, if true, would warrant
suspension or revocation of a license issued under this article, hold
a hearing to make a determination as to whether such license should
be suspended or revoked.
(1)
Written notice of such hearing setting forth the alleged
violation and the time and place of hearing shall be given to the
licensee at least seven days prior to the date scheduled for commencement
of the hearing.
(2)
The hearing may be continued from time to time by
the Director as the circumstances require.
(3)
At the hearing, evidence on which a suspension or
revocation of the license may be based may be presented. The licensee
may be represented by counsel and may cross-examine witnesses and
present testimony, documentary evidence or other evidence in support
of the licensee's claim. If requested to do so, the Director may allow
the licensee a reasonable time to submit a written memorandum in support
of its claims.
(4)
Within 10 days of the close of the hearing or the
date for submission of the memorandum, the Director shall make a decision
as to whether or not the license shall be suspended or revoked. The
decision shall be in writing and a copy shall be mailed by certified
mail or hand delivered to the licensee.
(5)
If the license is suspended or revoked, the suspension
or revocation shall be effective on the close of business of the sixth
calendar day after the day the notice is received by the licensee
unless another day is specified in the notice. A revocation shall
be stayed if an appeal is filed with the Public Works Commission until
the issuance of a decision by the Commission.
B.
Suspension; revocation. If, after hearing and based
on evidence presented at the hearing, the Director of Public Works
decides that any licensee has violated any applicable law, including
but not limited to any section of this article, he will suspend the
license for a period of not less than 60 calendar days and, in the
event of two violations, will revoke the license, and the licensee
will never again be allowed to dispose of solid waste in a disposal
area maintained by the City of Middletown. No individual, proprietor,
corporation, partnership, or association whose license has been suspended
or revoked will be allowed to defeat the purposes of this article
by using or obtaining a license under an assumed name or the name
of another person, corporation, partnership or association. Notwithstanding
any of the foregoing, in addition to the penalties stated in this
section, any collector, as defined in C.G.S. § 22a-220a,
as amended, shall be subject to fines and penalties as set forth in
that section for violations as defined therein.
C.
Appeal of revocation to Public Works Commission. Any
person having a license revoked may, within five calendar days of
the receipt of the written notice of revocation, apply in writing
to the Public Works Commission for reinstatement of the license. The
application is to be filed with the Department of Public Works office
in the Municipal Building, which shall immediately notify the Chairman
of the Commission.
(1)
Within five calendar days of the filing of the application,
the Chairman of the Commission shall set a date for a hearing, which
date shall be within 20 calendar days of the filing of the application.
Written notice of the time and place of hearing shall be given to
the licensee.
(2)
The hearing may be continued from time to time by
the Chairman as the circumstances require.
(3)
At such hearing, the licensee may present evidence
in support of its claim that its license should be reinstated, and
the evidence on which the revocation was based shall be presented.
(4)
If the Commission, based on evidence presented at
the hearing, decides that the license should be reinstated, it shall
so advise the Director of Public Works and the licensee in writing
and the Director shall reinstate the license. If the Commission decides
the license should not be reinstated, it shall so advise the Director
and licensee in writing. The notice shall be hand delivered or sent
by certified mail to the licensee. If not reinstated, the revocation
shall become effective five calendar days after receipt of the Commission's
decision by the licensee.
[Added 4-4-1983]
Notwithstanding any other provision of this Code of Ordinances, the Director of Public Works, upon the receipt of information from which there is cause to believe that a licensee or any City resident, business, institution or organization is disposing of hazardous waste in a solid waste disposal area maintained by the City, or disposing of any waste so as to create a danger of immediate injury or damage to persons or property, shall immediately suspend such license or right to dispose and schedule a hearing as soon as is practicable. The suspension shall be in writing. After the hearing the Director shall make a determination as to whether the license or right shall be suspended for a further period of time, revoked, or reinstated. Any party whose license or right is revoked after such hearing shall have the right to apply to the Public Works Commission for reinstatement as provided in § 253-13.
[Added 5-12-1988; amended 3-5-1990; 7-6-1993; 12-4-2000; 7-1-2002]
A.
Fee schedule; pickup.
(1)
Unless
otherwise provided by agreement authorized by the Common Council,
bulky waste, construction waste and oversized municipal solid waste
by Middletown residents or businesses located in Middletown when accepted
at the Middletown Transfer Station located on Johnson Street, Middletown,
Connecticut, shall be subject to the following established and approved
fee schedule. Alternate private sites may be provided by the City
of Middletown in which case the fees will be established by the operator
of the site.
(2)
All property owners or tenants, including those residing within the Sanitation District, may have bulky waste or oversized municipal solid waste, as those terms are defined in § 253-15, picked up from their residences by scheduling an appointment with the Pubic Works Department. The fee for such service shall be set by the Public Works Commission based upon projected expenses for the service. The Public Works Commission shall report the amount of the fee to the Common Council. The Common Council may act to revise the amount of the fee. If the Council does not act on the matter, the fee shall remain as set by the Public Works Commission. Fees for pick-ups shall be pre-paid either through a secure system online, in person in the Public Works Department or by mail to the Department.
[Added 7-6-2009 by Ord. No. 41-09; amended 4-5-2021 by Ord. No. 04-21]
(3)
The Department shall establish a separate fee to pick up mattresses and box springs from residences as described in § 253-15A(2). The fee shall be per unit and shall be set by the Public Works Commission based on projected expenses for the service. The Public Works Commission shall report the amount of the fee to the Common Council. The Common Council may act to revise the amount of the fee. If the Council does not act on the matter, the fee shall remain as set by the Public Works Commission. Fees for mattress and box spring pickups shall be pre-paid either through a secure online system, in person in the Public Works Department or by mail to the Department.
[Added 4-5-2021 by Ord. No. 04-21]
B.
BULKY WASTE
OVERSIZED MUNICIPAL SOLID WASTE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Demolition and construction debris, including wood, insulation,
sheetrock and shingles, inert material and land-clearing debris such
as branches over six inches in diameter.
Wooden and stuffed furniture, mattresses, scrap metal, bicycles,
hot water heaters and other large household items.
C.
All bulky waste and oversized municipal solid waste
brought to the Transfer Station will be weighed and charged the cost
plus 10% per ton for disposal.
D.
The minimum payment per load will be $10.
E.
Tires will be accepted at the Transfer Station for
a charge of $3 per passenger car tire, $10 per tire mounted on a rim.
There is a limit of four tires per load.
F.
Refrigerant-containing items (for example, refrigerators
and air conditioners) will be accepted at the Transfer Station at
a cost of $15 per item.
G.
Contractors
will be charged $25 per load for brush.
[Added 7-5-2011 by Ord. No. 12-11]
H.
Mattresses,
box springs and covered electronic devices will be accepted free of
charge, in accordance with the State EPR recycling programs (Public
Act 13-42, and C.G.S. §§ 22a-629 through 22a-640).
[Added 1-3-2023 by Ord. No. 01-23]
[Added 10-4-1988; amended 9-5-1989; 6-4-1990; 12-5-1990; 7-6-1992; 1-6-2003 by Ord. No. 01-03; 12-1-2008 by Ord. No. 13-08]
A.
ASEPTIC PACKAGING AND GABLE-TOP CONTAINERS
CARDBOARD
COLLECTOR
GARBAGE
GLASS FOOD CONTAINERS
INTERMEDIATE PROCESSING CENTER
LEAVES
METAL FOOD CONTAINERS
MIXED PAPER
NEWSPAPER
OFFICE PAPER
PERSON
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING
RESIDENTIAL PROPERTY
SCRAP METAL
STORAGE BATTERIES
WASTE OIL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Juice and drink boxes, paper drink cartons, such as milk,
orange juice, alternative milks, soup broth containers.
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food or other material.
Any person who holds himself out for hire to collect garbage
and recyclable material(s) from residential, business, commercial
or other establishments.
All animal, fish, fowl, and fruit waste and/or vegetable
matter and/or any combination thereof produced or resulting from the
preparation, use, cooking, dealing in or storing of food for human
consumption.
Glass bottles or jars of any size or shape used to package
food products suitable for human or animal consumption.
A facility which can recycle an item or items and market
or deliver for reuse the resulting material product or products. Such
facilities may be owned by public or private entities or combinations
thereof and may offer service on a state, regional, municipal or submunicipal
level.
The foliage of trees.
Aluminum, bimetal, steel, tin-plated steel, or other metallic
cans, plates, or trays of any size or shape used to package food products
suitable for human or animal consumption.
White and colored paper, junk mail, kraft paper bags, telephone
books, magazines, catalogs, and paperboard.
Used or discarded newsprint which has a minimum of contamination
by food or other material.
Used or discarded high-grade white paper, including but not
limited to paper utilized for writing, typing, printing, computer
printing and photocopying, which is suitable for recycling and which
has a minimum of contamination. Office paper generated by households
is excluded.
Any individual, organization, trust, foundation, group, association,
partnership, corporation, society or any combination of them, whether
principal or agent.
Plastic containers, including bottles, tubs, cups or berry
baskets, excluding motor oil, antifreeze and pesticide containers.
[Amended 1-3-2023 by Ord. No. 01-23]
Materials which have been so designated in the Middletown
Code of Ordinances. These will include but not be limited to those
materials designated as recyclable under the Connecticut General Statutes,
as amended, and the regulations of the Connecticut Department of Environmental
Protection, as amended, prior to or at the time designated by those
statutes and/or regulations.
The reuse of recovered resources through the processes of
sorting, cleaning, treating, and reconstituting materials otherwise
destined for disposal.
Real estate containing one or more dwelling units but not
including hospitals, motels, or hotels.
Used or discarded items which consist predominantly of ferrous
metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys
hereof, including but not limited to white goods and excluding metal
food containers as defined in this section.
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
Crankcase oil that has been utilized in internal combustion
engines.
B.
It shall be the goal of the City of Middletown to
recycle 100% of each recyclable material. For the purposes of this
section, the following shall be classified as recyclable material:
(1)
Newspapers;
(2)
Cardboard;
(3)
White goods and other scrap metal;
(4)
Leaves;
(5)
Waste oil;
(6)
Glass food containers;
(7)
Metal food containers;
(8)
Office paper;
(9)
Storage batteries;
[Amended 1-3-2023 by Ord. No. 01-23]
(10)
Plastic containers;
[Amended 1-3-2023 by Ord. No. 01-23]
(11)
Mixed paper; and
[Amended 1-3-2023 by Ord. No. 01-23]
(12)
Aseptic packaging and gable-top containers.
C.
Separation of recyclables enumerated in Subsection B.
(1)
All persons who generate solid waste from residential
property shall separate recyclable materials from the rest of their
solid waste. Persons who own or operate multifamily housing complexes
shall provide sufficient areas and/or receptacles on the premises
for the separation and storage of newspapers, corrugated cardboard,
mixed paper, and commingled bottles, cans, aseptic packaging and gable-top
containers, and plastic containers. All recycling receptacles must
be clearly labeled.
(2)
All persons who own or operate nonresidential property,
including but not limited to businesses, industries, and institutions,
must establish recycling programs and either separate recyclable materials
from the rest of their solid waste or make such provision for the
separation of the recyclable materials as will prevent the contamination
of those recyclables. In no case shall any person commingle paper
or cardboard recyclables with food waste, garbage, or other putrescible
wastes prior to collection for recycling.
(3)
All collectors serving residential properties where
solid waste is collected from individual households at the curb must
offer separate curbside collection of newspapers, mixed paper and
corrugated cardboard and of commingled bottles, cans, aseptic packaging
and gable-top containers and plastic containers. All collectors serving
residential properties where solid waste is placed in dumpsters must
offer separate dumpsters or containers for commingled corrugated cardboard,
mixed paper and newspapers and for commingled bottles, cans, aseptic
packaging and gable-top containers and plastic containers. No collector
shall mix previously separated recyclable materials with each other
or with other solid waste. No collector shall knowingly collect recyclable
material if it is mixed with other solid waste.
(4)
All collectors of newspapers, mixed paper, bottles,
cans, aseptic packaging and gable-top containers, plastic containers
and corrugated cardboard from residential properties shall transport
those materials to a transfer area, processing center, or market and
notify this location on the annual haulers registration form.
[Amended 1-3-2023 by Ord. No. 01-23]
(5)
All collectors of recyclable materials shall arrange
for the processing or marketing of those recyclable materials.
[Amended 1-3-2023 by Ord. No. 01-23]
D.
Recyclable materials shall be prepared and collected
as follows:
[Amended 1-3-2023 by Ord. No. 01-23][1]
(1)
Newspapers and mixed paper must be clean and can be
commingled. Use of plastic bags to bundle newspaper is not acceptable.
Corrugated cardboard must be clean and flattened. Glass and metal
food containers must be rinsed. Glass must not be broken. Glass, metal
food containers and plastic containers and aseptic packaging and gable-top
containers may be commingled but kept separate from the other recyclable
materials. Additional items may be added if designated by the State
DEEP. The following items may not be placed with the glass and metal
food containers: window glass, mirrors, ceramics, scrap metal, coat
hangers, non-food-grade aerosol cans, paint cans, or light bulbs.
All trash haulers must provide recycling service to customers.
(2)
In the Middletown Sanitary Disposal District, as defined
by Special Act of the Connecticut State Legislature and Chapter VII
of the Charter of the City of Middletown, corrugated cardboard, newspapers,
mixed paper and glass, metal and plastic food containers and aseptic
packaging and gable-top containers shall be placed out for collection
separately on those days designated by the Director of Public Works
or his/her duly authorized designee. The schedule for said collection
shall be available on the City’s website and available upon
request. The Public Works Director will designate collection procedures
for curbside recyclable items and post this on the City website and
make it available upon request.
(3)
Outside of the Middletown Sanitary Disposal District,
as defined in this section, newspaper, mixed paper, corrugated cardboard
and glass, metal and plastic containers and aseptic packaging and
gable-top containers shall be placed out for collection as designated
by the particular private collector, registered with the City of Middletown.
Residential collection of recyclables must occur at a minimum of every
other week.
(4)
Leaves will be placed out on the curb for collection
separately by property owners on those days designated by the Director
of Public Works or his/her duly authorized designee. Notice of said
collection shall be posted on the City website. Leaves can be composted
on a person's property as long as all health, safety and environmental
statutes, ordinances, rules and regulations, as amended, are followed.
Leaves can also be delivered to the City Transfer Station.
(5)
The City Public Works Department will provide outlets
for waste oil disposal to residents on the City website and upon request.
E.
The provisions of this section shall not preclude
residential waste generators from bringing recyclable materials to
drop sites provided by the City of Middletown at locations designated
by the Director of Public Works or his/her duly authorized designee.
F.
All loads of recyclable materials delivered to a recycling
area or container provided by the City of Middletown or a processing
center/market designated by the City must be free of contaminants.
Commingled metal and glass food containers must be substantially free
of broken glass.
G.
All garbage collected and/or transported within the
City of Middletown shall be carried in watertight covered vehicles
or in watertight covered containers in or on said vehicles. All other
solid waste and recyclable material collected and/or transported in
the City of Middletown in open-top vehicles shall be covered in a
suitable manner as determined by the Director of Public Works or his/her
duly authorized designee so as to prevent the scattering of these
materials within the City of Middletown.
H.
All collectors' vehicles utilized for the collection
and/or transportation of solid waste and/or recyclable materials from
persons in the City of Middletown shall be registered by the City
of Middletown.
[Amended 1-3-2023 by Ord. No. 01-23]
I.
The Middletown Director of Public Works shall enact
rules and regulations in conformity with this section. Such rules
and regulations shall be posted on the City’s website.
[Amended 1-3-2023 by Ord. No. 01-23]
J.
No person shall permit any solid waste or recyclable
material(s) within the person's control, or shall cause any solid
waste or recyclable material(s), to become a hazard to public health,
travel and/or safety.
K.
The Director of Public Works shall receive notices
of violation from collectors and disposal facilities. The Director
of Public Works or his/her designee shall be responsible for enforcing
the provisions of this section. Any person violating any provision
of this section and/or any rules or regulations enacted hereunder
shall receive a written warning for the first offense. Any person
violating any provision of this section and/or any rules or regulations
enacted hereunder shall be fined not more than $100 for each subsequent
offense, unless otherwise specified. Each continuing day of violation
shall be considered a separate offense. Notwithstanding the foregoing,
commercial establishments that fail to provide for separation of recyclables
from solid waste may be fined not more than $500 for each subsequent
violation.
(1)
Any collector who knowingly mixes recyclable materials
with other solid waste shall be subject to the fines and penalties
set forth in C.G.S. § 22a-220a, as amended, for violations
as defined therein.
(2)
Notwithstanding the above, any collector may have his or her license and registration suspended or revoked pursuant to §§ 253-13 and 253-14 of this article for any violation and/or continuing violation of the provisions of this section and/or any of the rules and regulations enacted hereunder.
[Amended 1-3-2023 by Ord. No. 01-23]
L.
Any collector who has reason to believe that a person
from whom he or she collects solid waste has put recyclable materials
in with the solid waste shall notify the Director of Public Works
in writing of the alleged violation.
(1)
When asked to do so by the Director of Public Works
or his/her designee, a collector shall provide warning notices to
any person suspected of violating separation requirements. A collector
shall also assist the City in tracing persons responsible for creating
solid waste loads containing significant quantities of recyclables
delivered by that collector to a resource recovery facility or solid
waste facility.
(2)
All collectors must provide annual reports to the
City recycling coordinator of the quantities of all materials collected
within the City of Middletown. Such reports must be on a form provided
by the State Department of Energy and Envrionmental Protection and
must include the types of solid waste collected within the borders
of Middletown, the name, location, and contact information for the
first destination where the solid waste, including recyclables, were
delivered, and the types and actual or estimated amounts delivered.
The report must be returned to the City by July 31 of each year.
[Amended 1-3-2023 by Ord. No. 01-23]
M.
No person shall remove recyclable material(s) from
designated recycling bins or from curbside without authorization from
the Director of Public Works or his/her duly authorized designee.
N.
The subsections of this section pertaining to the
recycling of office paper and corrugated cardboard from residential
properties, only, shall not go into effect until January 1, 1991.
Any transfer station constructed in the City
of Middletown, Connecticut, for the purpose of receiving solid waste
and recyclables shall receive only such solid waste and recyclables
generated within the City of Middletown, Connecticut, and received
from residences and businesses located within the City of Middletown,
Connecticut.
[Added 4-3-1989; amended 8-7-1989; 4-2-1990; 6-4-1990; 9-4-1990; 7-6-1992; 12-2-2002; 1-3-2023 by Ord. No. 01-23]
Unless otherwise provided by agreement authorized
by the Common Council, refuse and garbage generated by Middletown
residents or businesses located in Middletown, when accepted at the
Middletown Transfer Station located on Johnson Street, Middletown,
Connecticut, or any refuse facility controlled by the City of Middletown,
shall be subject to the following rules and regulations:
A.
Classification. Any person that holds himself out
for hire to collect any type of solid waste, including, but not limited
to, garbage, recyclables, bulk waste, and yard debris, must register
with the City of Middletown and must obtain a license to use the City
Transfer Station.
B.
Requirements.
(1)
The user must be a person residing, paying real estate
taxes or having a place of business in Middletown or a contractor
registered and licensed by the City of Middletown.
(2)
The user must provide proof that the origin of the
waste is Middletown.
(3)
The City of Middletown Public Works Department reserves
the right to limit the amount of material and the size of the vehicles
entering the Transfer Station.
(4)
Any and all other forms, as required by the Director
of Public Works or his/her duly authorized designee, must be executed
by the person subject to these provisions or his/her duly authorized
designee.
(5)
The
revenue generated as a result of the tip fees is to be deposited in
the Fund for Landfill, Waste Disposal, and Recycling[1] or in such other place as the Common Council may designate.
[1]
Editor's Note: Provisions regarding the Fund for Landfill,
Waste Disposal and Recycling, adopted 5-12-1988, were repealed 12-2-2002.
(6)
A tipping fee or charge per load will not be assessed
for the following excepted items:
(a)
Newspapers and magazines which are prohibited under § 253-16 of this article and must be separated from each load.
(b)
Clean glass food containers and clean metal
food containers which are kept separate from trash and placed in specially
designated recycling bins.
(c)
Leaves and brush under six inches in diameter from one- to three-family units which are kept separate from trash and placed in a specially designated area. Brush brought in from contractors will be assessed a $25/load charge per § 253-15G.
(d)
Any other recyclable materials for which the
City of Middletown provides separate containers at the Transfer Station
for their collection and recycling.
