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:
BOARDS
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."
CARDBOARD
Corrugated boxes and similar corrugated materials which have a minimum
of contamination by food or other materials.
COLLECTOR
Any person who holds himself out as a collector to collect either
solid waste or recyclables from residential, business, commercial or other
establishments.
DEP
The Connecticut Department of Environmental Protection.
DIRECTOR
The Director of Public Works of this municipality or his authorized
representative.
GARBAGE
All putrescible wastes except sewage and body wastes, including vegetable
and animal offal.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package food products
suitable for human or animal consumption.
IPC
An intermediate processing center which receives, processes and markets
recyclables.
METAL FOOD CONTAINER
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.
NEWSPAPER
Used or discarded newsprint (newspaper advertisements, supplements,
comics and newsprint-type enclosures) which has a minimum of contamination
by food and other material.
OFFICE PAPER
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.
PAPER LEAF BAGS
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.
PERSON
Any individual, corporation, partnership, association or other entity
or organization of any kind.
RECYCLABLE MATERIALS
Any item designated by the DEP or the Board which can be separated
or diverted as defined below under "recycling."
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.
RECYCLING CENTER
The Town's recycling drop-off facility or such other area or areas
as designated by the Board.
RECYCLING CONTAINER
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.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, but shall not
include hospitals, motels or hotels.
RUBBISH
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.
SCRAP METAL
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 WASTE
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.
STORAGE BATTERY
Lead acid batteries or other batteries used in motor vehicles such
as automobiles, airplanes, boats, recreational vehicles, tractors and like
applications.
UNACCEPTABLE WASTE
A.
An item of waste either smoldering or on fire.
B.
Waste in quantities and concentrations which, by law, require special
handling in their collection and/or processing.
C.
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.
WASTE OIL
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.
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.
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.