[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel as indicated in article histories. Amendments noted where applicable.]
Article I Solid Waste Management and Flow Control
[Adopted 5-26-1993, effective 6-26-1993]
There is hereby established a program for the disposal of municipal solid waste within the Town of Bethel in accordance with the provisions of Section 22a-220 of the Connecticut General Statutes, thereby providing for the health and welfare of the citizens of the Town of Bethel, Connecticut.
As used in this article, the following terms shall have the meanings indicated:
- ACCEPTABLE WASTE
- All household garbage, trash, rubbish, refuse and combustible agricultural, commercial, governmental and light industrial waste now normally or which may be hereinafter collected and disposed of by or on behalf of the Town, but excluding the following:
- A. Explosives and ordnance materials, pathological wastes, chemicals, radioactive materials, oil, sludges, highly inflammable substances, cesspool or other human wastes, human and animal remains, motor vehicles or parts thereof, farm or other large machinery, nonburnable construction materials and demolition debris (but home remodeling waste and debris in reasonable quantities are not considered "demolition debris") and hazardous refuse of any type or kind [including those addressed by regulations adopted by the United States Environmental Protection Agency (EPA) pursuant to the Resource Conservation Recovery Act of 1976, as amended, or other federal statutes or adopted by the Connecticut Department of Environmental Protection (DEP), such as but not limited to cleaning fluids, crankcase oils, cutting oils, hazardous paints, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used to filter cleaning fluid and refuse of similar nature].
- B. Any item of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion.
- C. All large household appliances commonly referred to as "white goods," including, without limitation, refrigerators, stoves, washing machines, drying machines and the like.
- D. All items designated from time to time by the Commissioner of the Connecticut DEP pursuant to the provisions of Section 22a-241b(a) of the Connecticut General Statutes as suitable for recycling and such other items as are actually recycled.
- E. All other items of waste which the Town and the Authority reasonably believe would be likely to pose a threat to health or safety or the acceptance and disposal of which may cause damage to the transfer station or be in violation of any judicial decision, order or action of any federal, state or local government or any agency thereof or any other regulatory authority or applicable law or regulations. The Town recognizes that some substances which are not, as of the date of this article, considered harmful or of a toxic nature or dangerous may be determined as such by the DEP and/or EPA subsequent to the date hereof as hazardous, toxic, dangerous or harmful, and at the time of such determination such substances shall cease to be acceptable waste.
- 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."
- 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.
- DESIGNATED TRANSFER STATION
- The transfer station as designated by the Housatonic Resources Recovery Authority (HRRA) as the location where acceptable waste from Bethel shall be taken for disposal.
- The Director of Public Works for the Town of Bethel or his authorized representative.
- MUNICIPALITY or TOWN
- The Town of Bethel.
- Any individual, corporation, partnership, association or other entity or organization of any kind.
- RESIDENTIAL PROPERTY
- Real estate containing one or more dwelling units, but shall not include hospitals, motels or hotels.
In accordance with the provisions of Subsection 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 within the Town. Permits issued hereunder shall not be transferred by the holder thereof. Each such collector shall disclose the name of any other municipality in which such collector hauls such solid waste. The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the collector. Each collector shall further be required to sign an affidavit of origin, under the 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.
Each collector permitted to collect solid waste within the Town pursuant to the provisions of Chapter 80, Recycling, and Subsection A 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 article.
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.
As conditions of the permits issued pursuant to this section, all collectors shall comply with the following requirements:
Collectors shall conform to all provisions of federal, state and local law.
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 acceptable waste collected by such collector within the Town.
Collectors shall pay to the Housatonic Resources Recovery Authority or Wheelabrator Environmental Systems, Inc., (WES) or to any other entity designated by them or the Board the applicable tipping fees and charges with respect to acceptable waste delivered to the designated transfer station by such collector.
When delivering acceptable waste to the designated transfer station, collectors shall use only equipment compatible with the efficient operation of the designated transfer station, which equipment shall be subject to the reasonable approval of the operator thereof.
Collectors shall be responsible for all costs or damages relating to the delivery by them to the designated transfer station of materials other than those listed as acceptable waste.
Collectors shall provide to the Housatonic Resources Recovery Authority and Wheelabrator Environmental Systems, Inc., 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 WES and approved by HRRA.
Collectors shall provide insurance covering their solid waste collection operation, which shall include the Town, the Housatonic Resources Recovery Authority and the designated transfer station owner and its operator as additional insureds. Such coverage shall include but not be limited to general liability, automotive liability, excess liability, worker's compensation and employers liability in the amounts reasonably deemed by WES and approved by HRRA.
Collectors shall use only those highway routes designated by the Town or by WES with the approval of the HRRA and the Town for the delivery of acceptable waste to the designated transfer station.
Collectors shall deliver acceptable waste in a clean, orderly and safe manner and adhere to all reasonable safety rules and regulations as made known to the collector by the Town or HRRA or by WES with the approval of the HRRA at all times when vehicles and/or personnel of the collector are at the transfer station.
Collectors registered with and holding valid permits issued by the Town pursuant to the provisions hereof shall deliver all acceptable waste collected within the Town to the designated transfer station. Only the Town and collectors so registered and permitted shall be designated or otherwise authorized to collect and deliver acceptable waste to the designated transfer station. In case of the temporary unavailability of the designated transfer station, acceptable waste may be diverted to another transfer station by the Town.
The Town does hereby designate the following authorized sites for the disposal of acceptable waste generated within the corporate limits of the Town of Bethel.
Each collector authorized to collect solid waste within the Town shall deliver all acceptable waste to the designated transfer station.
All Bethel residents not served by a collector who wish to dispose of their own acceptable waste, if generated within Bethel from residential property, shall deliver said waste to the Bethel residential dropoff for subsequent delivery and disposal by the Town.
All persons generating solid waste from nonresidential properties shall make arrangements to have all acceptable waste collected in a manner consistent with the provisions of state law and this article.
Except as may be permitted by the Board, the disposal of acceptable waste originating from a source outside the Town of Bethel shall be prohibited.
Any collector found to have violated the collection requirements of § 94-3B 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.
Any person who violates the provisions of § 94-3A and B shall be subject to the following penalties:
Upon a first or second offense, the violator shall receive a written warning.
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
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.
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 Subsection (c) of Section 22a-241b of the Connecticut General Statutes shall be subject to a fine in the amount of $500 for each violation.
Editor's Note: See C.G.S. § 22a-241i.
Any person who violates any other provision of this article 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 article. At least one public hearing, notice of which shall be given at least 10 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, become effective on the 31st day after such publication.