[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 1-3-1991.
Amendments noted where applicable.]
There is hereby established a program for the mandatory separation of
recyclables from garbage or rubbish within the Town of Bethel, Connecticut,
to comply with Public Act 90-220 and subsequently adopted regulations mandating
recycling, thereby providing for the health and welfare of the citizens of
the Town of Bethel, Connecticut.
For the purpose of this chapter, the following terms have the meanings
herein defined:
The Board of Selectmen of the Town of Bethel, Connecticut. When used
in reference to a voting body, it shall be taken to include the phrase "or
a majority thereof."
Corrugated boxes and similar corrugated materials which have a minimum
of contamination by food or other materials.
Any person who holds himself out as a collector to collect either
solid waste or recyclables from residential, business, commercial or other
establishments.
The Connecticut Department of Environmental Protection.
The Director of Public Works of this municipality or his authorized
representative.
All putrescible wastes except sewage and body wastes, including vegetable
and animal offal.
A glass bottle or jar of any size or shape used to package food products
suitable for human or animal consumption.
An intermediate processing center which receives, processes and markets
recyclables.
The fallen foliage of trees.
An aluminum, bimetal, steel, tin-plated steel or other metallic can,
plate or tray of any size or shape used to package food products suitable
for human or animal consumption.
The Town of Bethel.
Used or discarded newsprint (newspaper advertisements, supplements,
comics and newsprint-type enclosures) which has a minimum of contamination
by food and other material.
Any used or discarded high-grade white paper and manila paper, including
but not limited to paper utilized for file folders, tab cards, writing, typing
or printing which is suitable for recycling and which has a minimum of contamination.
A paper leaf bag which shall be a sanitary kraft paper sack or equal
of thirty-gallon capacity, two-ply, fifty-pound wet strength, with decomposing
glue and a reinforced, self-supporting square bottom closure.
Any individual, corporation, partnership, association or other entity
or organization of any kind.
Any item designated by the DEP or the Board which can be separated
or diverted as defined below under "recycling."
The separation or diversion of an item or items from the solid waste
stream for the purposes of processing it or causing it to be processed into
a material product, including the production of compost, in order to provide
for the disposition of the item or items in a manner, other than incineration
or landfilling, which will best protect the environment. Nothing in this definition
shall preclude the use of waste oil as fuel in an oil burner.
The Town's recycling drop-off facility or such other area or areas
as designated by the Board.
A container described in § 80-8 hereof and used for the sole purpose of disposing of newspapers and cardboard as well as glass and metal food and beverage containers and other items that may be deemed recyclable by the Board.
Real estate containing one or more dwelling units, but shall not
include hospitals, motels or hotels.
All nonputrescible waste materials except ashes, including but not
limited to 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 or recyclable materials.
Used or discarded items which consist predominantly of ferrous metals,
aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including
but not limited to white goods and metal food containers.
Solid, liquid, semisolid or contained gaseous, material that is unwanted
or discarded, including but not limited to demolition debris, material burned
or processed at a resources recovery facility or incinerator, material processed
at a recycling facility and sludges or other residue from a water pollution
abatement facility, water supply treatment plant or air pollution control
facility.
Lead acid batteries or other batteries used in motor vehicles such
as automobiles, airplanes, boats, recreational vehicles, tractors and like
applications.
An item of waste either smoldering or on fire.
Waste in quantities and concentrations which, by law, require special
handling in their collection and/or processing.
All other items of waste which, at the time of delivery to the solid
waste disposal area, transfer station, recycling center or IPC, would be likely
to pose a threat to health or safety, would not normally be disposed of in
a sanitary landfill, recycling center or IPC 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 disposed of at the solid waste disposal area,
transfer station, recycling center or IPC.
Crankcase oil that has been utilized in internal combustion engines.
On and after January 1, 1991, each person who generates solid waste from residential property shall, in accordance with Section 22a-220c of the Connecticut General Statutes, as amended, separate from other solid waste the items designated for recycling pursuant to Section 22a-241b of the Connecticut General Statutes, as amended, or § 80-4 hereof, and every other person who generates solid waste shall, in accordance with Section 22a-220c of the Connecticut General Statutes, as amended, make provision for the separation from other solid waste of the items designated for recycling pursuant to Section 22a-241b of the Connecticut General Statutes.
A.Â
In accordance with the provisions of Section 22a-220a(d)
of the Connecticut General Statutes, any collector hauling solid waste generated
by residential, business, commercial or other establishments in the Town of
Bethel shall register with the Town on forms prescribed by the Board. Upon
registration and payment of an annual permit fee of $25, each such collector
shall be issued a permit to collect or continue the collection of solid waste
with the Town. Permits issued hereunder shall not be transferred by the holder
thereof.
B.Â
Each such collector shall disclose the name of any other
municipality in which such collector hauls such solid waste.
C.Â
The door of any private vehicle used to haul solid waste
shall be clearly marked with the business name and address of the collector.
D.Â
Each collector shall further be required to sign an affidavit
of origin, under penalty of false statement, that all recyclables disposed
of in the name of the Town of Bethel or its residents shall originate from
properties located within the corporate limits of the Town or from such other
locations as the Town may permit.
E.Â
Each collector permitted to collect solid waste within the Town pursuant to the provisions of Subsections A through D hereof shall, subject to the further provisions hereof, collect or cause to be collected all recyclables generated by their Bethel customers and required to be recycled pursuant to the requirements of this chapter.
F.Â
No collector shall be required to provide collection
services to any customer who is more than 30 days delinquent in the payment
of collector's fees. If the delinquent customer shall discharge his delinquency,
the collector shall immediately resume collection services to the customer.
G.Â
As conditions of the permits issued pursuant to this
section, all collectors shall comply with the following requirements:
(1)Â
Collectors shall conform to all provisions of federal,
state and local law.
(2)Â
Collectors shall keep accurate records of and report
to the Town or to any other entity designated by it the amounts in the aggregate
of all recyclable materials collected by such collector within the Town.
(3)Â
Collectors shall pay to the Housatonic Resources Recovery
Authority or the IPC operator or to any other entity designated by them or
the Board the applicable tipping fees and charges with respect to those categories
of recyclable materials accepted by and delivered to the IPC by such collector.
(4)Â
When delivering recyclable materials to the IPC, collectors
shall use only equipment compatible with the efficient operation of the IPC,
which equipment shall be subject to the reasonable approval of the operator
thereof.
(5)Â
Collectors shall be responsible for all costs or damages
relating to the delivery by it to the IPC of materials other than those recyclable
materials which have been designated and approved by the Town for delivery
to the IPC.
(6)Â
Collectors shall provide to the Housatonic Resources
Recovery Authority and IPC operator or owner a suitable performance bond or
letter of credit to insure the performance of the collector's obligations
hereunder. Said security shall be in such forms and amounts as determined
by the Town.
(7)Â
Collectors shall provide insurance covering their recycling
operation, which coverage shall include the Town, the Housatonic Resources
Recovery Authority and, if recyclable materials are delivered to an IPC, the
IPC owner and its operator, as additional insureds. Such coverage shall include
but not be limited to general liability, automotive liability, excess liability,
workers' compensation and employers liability in amounts reasonably deemed
by the Town.
On or after January 1, 1991, any collector who has reason to believe
that a person from whom he collects solid waste has discarded recyclable items
with such solid waste in violation of the provisions of this chapter or of
Section 22a-241b of the Connecticut General Statutes, as amended, shall promptly
notify the Board of the alleged violation. Upon the request of the Board,
a collector shall provide warning notices, by the placement of tags provided
by the Town, to any person suspected by the collector or the Town of violating
the separation requirements of state law or this chapter. Each collector shall
also be required to assist the Town in the identification of any perk responsible
for creating loads containing significant quantities of items subject to the
separation requirements of state law or this chapter which are delivered to
a resources recovery facility, detected by the owner or operator of such facility
pursuant to Section 4(b) of Public Act 90-220.[1]
[1]
Editor's Note: See Section 22a-220c(b) of the Connecticut General
Statutes.
A.Â
Materials from residential property disposed of by a
collector.
(1)Â
The following materials generated from residential property and required to be recycled pursuant to the provisions of § 80-4A hereof, if disposed of by a collector, shall be prepared for collection by the resident in accordance with the further provisions hereof:
(a)Â
Newspaper should be tightly packed and tied in bundles
not to exceed 50 pounds in weight and placed out for the collector in accordance
with his requirements as approved by the Board.
(b)Â
Cardboard must be flattened and tied in bundles not to
exceed 50 pounds in weight and placed out for the collector in accordance
with his requirements as approved by the Board.
(c)Â
Glass and metal food or beverage containers shall contain
a minimum of contamination and may be mixed together in a recycling container
of the type as approved by the Board. The removal of lids and labels from
said food and beverage containers shall not be required; provided, however,
that ceramic lids shall be separated and shall not be mixed with other recyclable
materials. No other recyclable materials or solid waste shall be disposed
of in said recycling container unless so designated by the Board.
(2)Â
After being prepared in the manner described in the foregoing
subsections of this section, each recycling container shall be placed for
collection purposes within 10 feet of the street or curbline or in such other
location as shall be agreed upon by the owner or tenant and the collector.
The containers shall be so place not earlier than 12 hours before the scheduled
time of collection and shall be removed from the street, curbline or other
collection point within 12 hours after the materials therein have been collected.
Said containers shall be so placed in such a manner that said containers do
not constitute a travel or health hazard or nuisance of any sort. The collector
shall deliver all recyclables so set out for collection to such locations
as shall be designated by the Town.
B.Â
All persons who are not served by a collector shall deliver
newspapers, cardboard as well as glass and metal food and beverage containers
and any other items so designated by the Board generated from residential
property to such locations and in such manner as the Town shall prescribe.
Glass and metal food and beverage containers shall contain a minimum of contaminations.
The removal of lids and labels for said food and beverage containers shall
not be required; provided, however, that ceramic lids shall be separated and
shall not be mixed with other recyclable materials.
C.Â
Leaf waste.
(1)Â
On days specified by the Board as leaf waste collection
days, residents in the Town shall place their leaf waste material generated
from residential property into leaf bags of a type approved by the Board.
Leaf bags shall be placed at such locations as may be approved by the Town
in a manner assuring access by those employees of the Town collecting said
bags. Said bags shall be so placed in such a manner that said bags do not
constitute a travel or health hazard or nuisance of any sort. The Town may
refuse to collect leaves from any person who fails to comply with the provisions
hereof.
(2)Â
Nothing herein shall preclude a person from using backyard
or decentralized composting as a method for disposal of their leaves. Residents
may also deliver their leaves to the composting site as designated by the
Board.
D.Â
All storage batteries and waste oil required to be recycled in accordance with the provisions of § 80-4 hereof and generated from residential properties shall be delivered to such locations as the Board shall prescribe.
E.Â
All persons generating solid waste from nonresidential properties shall make arrangements to have all recyclable materials described in § 80-4 hereof collected and recycled in a manner consistent with the provisions of state law and this chapter.
F.Â
Except as may be permitted by the Board, the disposal
of recyclable materials originating from a source outside the Town at the
Bethel Recycling Center shall be prohibited. Except as may be permitted by
the Board, the disposal of recyclable materials originating from a source
outside the Town at any location designated by the Board, including a regionally
designated IPC, in the name of the Town or its residents shall be prohibited.
A.Â
Upon placement of recyclables on the street or at the
curbline or at such other locations as has been agreed upon by the property
owner or tenant and the collector, or upon delivery of recyclables to any
disposal site designated by the Town pursuant to the provisions of this chapter,
it shall be a violation of this chapter for any person other than the depositor
or the collector or the authorized agents of the Town acting in the course
of their employment to collect or pick up any such recyclables or cause the
same to be collected or picked up.
B.Â
In addition to the fine imposed for violations of this
section, the violator may be required to make restitution to the Town for
the value of any materials illegally removed.
C.Â
Nothing in this chapter shall abridge the right of any
person to give or sell their recyclables, including deposit beverage containers,
to any person, provided that such materials shall not have been set out on
the street or curbline, or at any designated collection, pickup or disposal
site.
A.Â
Any collector found to have violated the collection requirements of § 80-5E hereof shall be subject to a fine in the amount of $100 for each offense. In addition, the Town reserves the right to suspend or revoke the permit of any such collector. Any collector whose permit is either suspended or revoked as provided for herein shall be entitled to a hearing before the Board.
B.Â
Any person who violates the provisions of § 80-7A and B shall be subject to the following penalties:
(1)Â
Upon a first or second offense, the violator shall receive
a written warning.
(2)Â
Upon a third offense occurring within a period of one
year from the date of the original offense, the violator shall be subject
to a fine in the amount of $50.
(3)Â
Upon any subsequent offense occurring within a period
of one year from the date of the original offense, the violator shall be subject
to a fine of $100.
C.Â
In accordance with the authority provided in Section
2 of Public Act No. 90-249, any commercial establishment that is found to
have violated the provisions of Section 22a-241b(c) of the Connecticut General
Statutes shall be subject to a fine in the amount of $500 for each violation.
D.Â
Any person who violates any other provision of this chapter
shall be subject to a fine of $100 for each such offense.
The Board is hereby authorized to adopt such regulations as it deems
necessary to implement the provisions of this chapter. At least one public
hearing, notice of which shall be given at least five days but not more than
15 days in advance by publication in a newspaper having a general circulation
in the Town and by posting a notice of such hearing in a public place, shall
be held by the Board before any such regulation is adopted. After adoption,
every regulation shall, within 10 days, be published in its entirety in a
newspaper having a general circulation in the Town and, unless it shall specify
a later date, shall become effective on the 30th day after such publication.
