Town of Orange, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Connecticut Resource Recovery Authority — See Ch. 5, Art. II.
Outdoor burning — See Ch. 190.
Littering — See Ch. 276.
[Adopted 6-21-1988]

§ 331-1 Declaration of policy.

The accumulation, collection, removal and disposal of refuse must be controlled by this municipality for the protection of the public health, safety, and welfare. It is consequently found and declared that:
A. 
This municipality is authorized by law to regulate the disposition of refuse generated within its boundaries and to collect a charge therefor and to license refuse collectors; and
B. 
This municipality is also authorized by Connecticut General Statutes Section 22a-220a to designate the area where refuse generated within its boundaries shall be disposed; and
C. 
This municipality has executed the municipal service agreement requiring it to cause all acceptable solid waste generated within its boundaries to be delivered to the Bridgeport Resource Recovery System; and
D. 
The public health, safety and welfare of this municipality will be best served by requiring the delivery of acceptable solid waste to a transfer station for processing by the Bridgeport Resource Recovery System into products which have an economic value; and
E. 
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan.

§ 331-2 Definitions.

The following terms shall have the following meanings:
ACCEPTABLE SOLID WASTE
Unwanted or discarded materials of the kind normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection, and commercial, governmental and light industrial waste which a municipality is required by state law to make provision for the safe and sanitary disposal of, but not including in any case special handling waste or oversized bulky waste.
BRIDGEPORT RESOURCE RECOVERY SYSTEM
The solid waste disposal and energy recovery and steam and electric facility ("facility") designed, constructed, operated, and maintained by an affiliate of Signal Resco, Inc. ("Resco") pursuant to an agreement with the Connecticut Resources Recovery Authority ("CRRA") located in Bridgeport; the transfer stations approved for transfer of solid waste to the Bridgeport Resource Recovery System; and the CRRA landfills provided by or designated by the CRRA.
COLLECTOR
Any person who holds himself out for hire to collect refuse from residential, business, commercial or other establishments.
DISPOSAL CHARGE
That amount of money to be charged for solid waste or refuse disposal in accordance with this article and the regulations promulgated thereunder.
HAZARDOUS WASTE
Pathological, biological, cesspool or other human wastes, human and animal remains, radioactive, toxic, and other hazardous wastes which according to federal, state, or local rules or regulations from time to time in effect require special handling in their collection, treatment or disposal, including those regulated under 42 U.S.C. §§ 6921-6925 and regulations thereunder adopted by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, fine powdery earth used to filter cleaning fluid and refuse of similar nature.
MUNICIPAL SERVICE AGREEMENT
The Municipal Solid Waste Management Services Agreement between the CRRA and this municipality dated as of April 29, 1987.
OVERSIZED BULKY WASTE or OBW
White goods and other unwanted or discarded materials which:
A. 
Are the kinds normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection;
B. 
In the judgment of Resco, reasonably exercised, cannot be processed in the facility because of size or noncombustibility;
C. 
Would not constitute special handling waste under Subsection A, B or D of the definition of such term;
D. 
May be disposed of in a bulky waste landfill holding a permit issued by the Connecticut Department of Environmental Protection under Section 19-524-8 of its regulations or any successor provision; and
E. 
Are not too large to be deposited and stored at the Orange Transfer Station, or transported to a landfill, in the manner contemplated in regulations as may be adopted by this municipality concerning the operation of the Orange Transfer Station.
A. 
Hazardous waste;
B. 
Dirt, concrete and other nonburnable construction material and demolition debris;
C. 
Large items of machinery and equipment, such as motor vehicles and major components thereof (transmissions, rear ends, springs, fenders), agricultural equipment, trailers and marine vessels, and other items 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, including, in the context of deliveries to the facility, OBW;
D. 
Explosives, ordinance materials, oil, sludges, highly inflammable substances, hazardous chemicals, tires and other materials the acceptance of which, in the judgment of Resco, reasonably exercised, is likely to cause damage to or adversely affect the operation of the facility or in the judgment of the Director of Public Works of this municipality, reasonably exercised, is likely to cause damage to or adversely affect the operation of the Orange Transfer Station or vehicles transporting such materials from the Orange Transfer Station to the facility, constitute a threat to health or safety, or violate or cause the violation of any applicable federal, state or local law, regulation, or judicial or administrative decision or order.

§ 331-3 Designation of disposal area.

Pursuant to Connecticut General Statutes § 22a-220a, the Board of Selectmen hereby designates the Bridgeport Resource Recovery System as the area where acceptable solid waste generated within the boundaries of Orange by residential, business, commercial or other establishments shall ultimately be disposed. On and after July 1, 1988, each person collecting any acceptable solid waste generated within the boundaries of this municipality shall deliver all such waste to the Orange Transfer Station located at South Orange Center Road at the rear of 440 Boston Post Road, unless the transfer station is incapable of accepting acceptable solid waste at the time of delivery, in which event such solid waste shall be delivered to the portion of the Bridgeport Resource Recovery System designated by the Orange Director of Public Works.

§ 331-4 Regulations and disposal charges.

The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of storage, collection and disposal of solid waste and refuse and to carry out the terms of this article. Any person delivering solid waste or refuse shall pay any disposal charge called for by said regulations.

§ 331-5 Penalties for offenses.

A. 
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who dumps more than one cubic foot in volume of refuse at one time in an area not designated for such disposal by this article shall for a first violation be liable for a civil penalty of $1,000 for each violation and $5,000 for a subsequent violation.
B. 
Any collector who otherwise violates this article or the regulations promulgated thereunder, and any other person or entity who violates this article or the regulations promulgated thereunder, shall be liable for a penalty of $100 for each violation.
C. 
The imposition of the monetary penalties set forth herein shall not preclude the town from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.
[Adopted 11-20-1990]

§ 331-6 Declaration of policy.

The accumulation, collection, removal and processing and sale of certain recyclable materials designated as such by the Connecticut Commissioner of Environmental Protection must be controlled by this municipality for the protection of the public health, safety and welfare. It is consequently found and declared that:
A. 
This municipality is authorized by law to regulate the disposition of recyclable materials generated within its boundaries; and
B. 
This municipality is authorized by Connecticut General Statutes Section 22a-220a to designate the area where certain recyclable materials generated from residential properties within its boundaries shall be taken for processing and sale; and
C. 
This municipality has executed the Inter-Community Agreement requiring it to cause all residential acceptable recyclable materials generated within its boundaries to be processed in accordance with that Agreement; and
D. 
The public health, safety and welfare of this municipality will be best served by requiring:
(1) 
That each person who generates solid waste from residential property within this municipality separate from other solid waste the items designated for recycling by the Connecticut Commissioner of Environmental Protection pursuant to Subsection (a) of Section 22a-241b of the Connecticut General Statutes; and
(2) 
That every other person who generates solid waste within this municipality make provisions for the separation from other solid waste of the items so designated for recycling; and
E. 
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan; and
F. 
The enactment of this article is in furtherance of this municipality's obligations pursuant to the Inter-Community Agreement.

§ 331-7 Definitions.

The following terms shall have the following meanings:
ACCEPTABLE RECYCLABLE MATERIALS
Shall be defined as set forth in the Inter-Community Agreement.
COLLECTOR
Any person who holds himself out to collect refuse or solid waste from residential, commercial or other establishments.
INTER-COMMUNITY AGREEMENT
That certain Inter-Community Agreement Establishing the Southwest Connecticut Regional Recycling Operating Committee by and among the Cities of Bridgeport, Milford, Norwalk, Shelton and Stamford and the Towns of Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, Orange, Stratford, Trumbull, Weston, Westport and Wilton.
ITEMS DESIGNATED FOR RECYCLING
Those:
A. 
Items of solid waste designated from time to time for recycling by the Connecticut Commissioner of Environmental Protection pursuant to Subsection (a) of Section 22a-241b of the Connecticut General Statutes; and
B. 
Plastic food and beverage containers, glass beverage containers, and metal beverage containers. By regulation published in the Connecticut Law Journal on March 28, 1989, as Section 22a-241b-2 of the Regulations of Connecticut State Agencies, the Commissioner of Environmental Protection designated, as of that time, the following items required to be recycled:
(1) 
Cardboard;
(2) 
Glass food containers;
(3) 
Leaves;
(4) 
Metal food containers;
(5) 
Newspaper;
(6) 
Office paper;
(7) 
Scrap metal;
(8) 
Storage batteries; and
(9) 
Waste oil.
C. 
The term "items designated for recycling" herein shall include, without further action by this municipality, any and all legally adopted additions made by the Commissioner of Environmental Protection to any designation of items for recycling made pursuant to said Section 22a-241b of the General Statutes.
PERSON
Any individual, partnership, firm, association, corporation or other entity.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.
TRANSFER STATION
The Orange Transfer Station located at South Orange Center Road at the Rear of 440 Boston Post Road.

§ 331-8 Recycling required.

Each person who generates solid waste from residential property within the boundaries of this municipality shall separate from other solid waste the items designated for recycling, and every other person who generates solid waste within the boundaries of this municipality shall make provision for the separation from other solid waste of the items designated for recycling.

§ 331-9 Collection of certain items designated for recycling.

The municipality will, on or after January 1, 1991, provide for or make available collection from residential property of certain of the items designated for recycling generated from residential property located within its boundaries as follows:
A. 
Glass food and beverage containers;
B. 
Metal food and beverage containers;
C. 
Plastic food and beverage containers; and
D. 
Newspapers.

§ 331-10 Designation of location where certain items generated from residential properties shall be taken.

A. 
Pursuant to Section 22a-220a of the Connecticut General Statutes, the Board of Selectmen hereby designates the Orange Transfer Station as the place where items designated for recycling generated from residential property within its boundaries shall be taken if not collected by the municipality pursuant to § 331-9 of this article above.
B. 
Notwithstanding any other provisions of this article to the contrary, nothing contained in this article shall be deemed to prohibit any person from giving or selling items designated for recycling (including without limitation deposit beverage containers) generated by them directly to another person for lawful sale or processing of recyclables, whether for profit, not for profit, or charitable purposes, provided that any such items designated for recycling shall not have previously been:
(1) 
Set out for collection by this municipality pursuant to § 331-9 of this article and regulations adopted by this municipality in connection therewith; or
(2) 
Delivered to the transfer station.

§ 331-11 Regulations and disposal charges.

The Orange Board of Selectmen shall implement, and revise from time to time as it finds necessary, regulations to administer the system of separation and provisions for separation of recyclable materials from other solid waste, the collection of such recyclable materials, and to carry out the terms of this article. Any person delivering items of recyclable material to the transfer station pursuant to § 331-10 of this article shall pay any disposal charge called for by said regulations.

§ 331-12 Ownership of items designated for recycling; prohibition against scavenging.

Upon the placement of items designated for recycling generated from residential property into a recycling container provided by this municipality, such items designated for recycling shall become the property of the municipality, and it shall be prohibited for any person, other than the person who placed such items in the container and authorized agents of the municipality acting in the course of their employment, to collect, pick up, or remove from the containers, or cause to be collected, picked up or removed from the containers, any such items designated for recycling. It shall also be prohibited for any person other than authorized agents of this municipality, acting in the course of their employment, to collect, pick up or remove from the transfer station any items designated for recycling that have been delivered to the transfer station.

§ 331-13 Prohibition against mixing of items designated for recycling with other solid waste.

It shall be prohibited for any collector knowingly to mix any items designated for recycling with other solid waste generated within the boundaries of this municipality. It shall be prohibited for any collector knowingly to deliver to the transfer station any items designated for recycling mixed with other solid waste.

§ 331-14 Penalties for offenses.

A. 
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who knowingly mixes other solid waste with items designated for recycling in violation of § 331-13 of this article shall for a first violation be liable for a civil penalty of $1,000 and $5,000 for a subsequent violation.
B. 
Pursuant to Section 2 of Public Act No. 90-249 of the Connecticut Legislature, any commercial establishment that fails to make provision for the separation from other solid waste of the items designated for recycling in violation of § 331-8 of this article shall be liable for a civil penalty of $500 for each violation.
C. 
Any collector or commercial establishment that otherwise violates this article or the regulations promulgated hereunder, and any other person who violates this article or the regulations promulgated hereunder, shall be liable for a penalty of $100 for each violation.
D. 
The imposition of the monetary penalties set forth herein shall not preclude the municipality from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.