[HISTORY: Adopted by the Board of Selectmen
of the Town of Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-21-1988]
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.Â
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.Â
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.Â
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.Â
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.Â
The enactment of this article is in furtherance of
this municipality's approved regional Solid Waste Management Plan.
The following terms shall have the following
meanings:
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.
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.
Any person who holds himself out for hire to collect refuse
from residential, business, commercial or other establishments.
That amount of money to be charged for solid waste or refuse
disposal in accordance with this article and the regulations promulgated
thereunder.
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.
The Municipal Solid Waste Management Services Agreement between
the CRRA and this municipality dated as of April 29, 1987.
White goods and other unwanted or discarded materials which:
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;
In the judgment of Resco, reasonably exercised,
cannot be processed in the facility because of size or noncombustibility;
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
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.
Hazardous waste;
Dirt, concrete and other nonburnable construction
material and demolition debris;
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;
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.
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.
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.
A.Â
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.Â
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.Â
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; amended in its entirety 2-10-2016]
This ordinance is adopted pursuant to Connecticut General Statutes
§§ 22a-220, 22a-220a, 22a-220c, 22a-241b and 22a-631.
The accumulation, collection, removal and processing
and sale of certain recyclable materials designated as such by the
Connecticut Commissioner of Energy and 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.Â
This municipality is authorized by law to regulate
the disposition of recyclable materials generated within its boundaries;
and
B.Â
This municipality is authorized by Connecticut General
Statutes § 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.Â
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.Â
The public health, safety and welfare of this municipality
will be best served by requiring:
(1)Â
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 Energy and Environmental Protection pursuant to Subsection (a)
of Section 22a-241b of the Connecticut General Statutes; and
(2)Â
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.Â
The enactment of this article is in furtherance of
this municipality's approved regional Solid Waste Management Plan;
and
F.Â
The enactment of this article is in furtherance of
this municipality's obligations pursuant to the Inter-Community Agreement.
The following terms shall have the following
meanings:
A lightweight paperboard made from a variety of recovered
fibers having sufficient folding properties and thickness to be used
to manufacture folding or set-up boxes, such as cereal boxes and shoe
boxes. As used in this section, "boxboard" does not include paperboard
that has been treated with a wax or laminate coating nor any removable
plastic liners.
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 to collect refuse or solid
waste from residential, commercial or other establishments.
Uncoated, printed or unprinted colored groundwood-free ledger,
bond, writing, and other paper which has similar fiber and filler
content.
Desktop or personal computers, computer monitors, portable
computers, Cathode Ray Tube (CRT)-based televisions and non-CRT-based
televisions or any other similar or peripheral electronic device specified
in Connecticut General Statutes § 22a-629(5) or as specified
in regulations adopted pursuant to Section 22a-638,[1] sold to consumers, but does not include:
An electronic device that is a part of a motor
vehicle or any component part of a motor vehicle assembled by, or
for, a vehicle manufacturer or franchise dealer, including replacement
parts for use in a motor vehicle;
An electronic device that is functionally or
physically a part of a larger piece of equipment designed and intended
for use in an industrial, commercial or medical setting, including
diagnostic, monitoring or control equipment;
An electronic device that is contained within
a clothes washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room air conditioner,
dehumidifier or air purifier;
Telephones of any type unless they contain a video display area
greater than four inches measured diagonally; or
Any handheld device used to access commercial mobile radio service,
as such service is defined in 47 CFR 20.
A glass bottle or jar of any size or shape used to package
food products suitable for human or animal consumption.
Those:
Items as defined by Connecticut General Statutes § 22a-207(27) and/or designated for recycling by the Commissioner of Energy and Environmental Protection in regulations adopted pursuant to Subsection (a) of Section 22a-241b, or designated for recycling pursuant to Section 22a-208v or 22a-256;[2] and
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-24lb-2 of the Regulations
of Connecticut State Agencies, the Commissioner of Energy and Environmental
Protection designated, as of that time, the following items required
to be recycled:
Boxboard;
Cardboard;
Colored ledger paper;
Glass food containers;
High density polyethylene containers or HDPE #2 containers;
Leaves;
Magazines;
Metal food containers;
Newspaper;
Office paper;
Plastic containers;
Polyethylene terephthalate containers, PET #1 containers or
PETE containers;
Residential high-grade white paper;
Scrap metal;
Storage batteries; and
Waste oil.
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-24lb-2 of the Connecticut Department of Energy and Environmental
Protection's Designated Recycling Regulation and items designated
pursuant to Section 22a-631.[3]
Used or discarded high-grade white paper and manila paper,
including, but not limited to, paper utilized for file folders, tab
cards, writing, typing, printing, computer printing, and photocopying,
which is suitable for recycling and which has a minimum of contamination.
Any individual, partnership, firm, association, corporation
or other entity.
Any plastic packaging having a relatively inflexible finite
shape or form, with a maximum capacity of three fluid gallons or its
equivalent volume, that is capable of maintaining its shape while
holding other products, including, but limited to, bottles, cartons
and other receptacles.
A plastic container that, exclusive of closure or label,
is composed of polyethylene terephthalate, a saturated thermoplastic
polyester resin, and has an ASTM Resin Identification Number of 1
as defined in ASTM D7611 Standard Practice for Coding Plastic Manufactured
Articles for Resin Identification. As used in this section, "polyethylene
terephthalate container" does not include containers which held motor
oil, pesticides, herbicides or other hazardous substances.
Uncoated, printed or unprinted white groundwood-free ledger,
bond, writing, and other paper that has similar fiber and filler content
generated in a household setting.
Real estate containing one or more dwelling units but shall
not include hospitals, motels or hotels.
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.
Also known as "fully commingled recycling." Refers to a collection
system that mixes all recyclable paper fibers and containers together
in a bin at the curb and in the collection truck.
Lead acid batteries or other batteries used in motor vehicles,
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
The Orange Transfer Station located at South Orange Center
Road at the Rear of 440 Boston Post Road.
Crankcase oil that has been utilized in internal combustion
engines.
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.
A.Â
The municipality shall provide one recycling container,
free of charge, to each residential property dwelling unit that has
frontage on a public road. The container shall remain the property
of the municipality and remain the property of the municipality and
remain with the dwelling unit through changes in occupancy due to
transfer from sale or rental.
B.Â
Residents may purchase an additional or replacement
recycling container from the municipality at a cost established by
the Board of Selectmen.
C.Â
Residents shall use only the recycling containers
for the purpose of placing the recyclables for collection and they
shall not be used for any other purpose. All items designated for
recycling generated from residential property located within its boundaries
shall be collected by the municipality.
A.Â
The recycling
container shall be placed for collection purposes at the street line
in a front facing position. The recycling container shall be placed
at the street line not earlier than 12 hours before the scheduled
time for collection on the scheduled collection days and shall be
removed from the street line within 12 hours after the materials therein
have been collected. The recycling containers shall be so placed in
such a manner that they do not constitute a travel or health hazard.
B.Â
Only recyclables
generated from residential sources, with the exception of leaves,
waste oil, covered electronic devices and scrap metal, shall be placed
for residential collection. The collector shall deliver all recyclables
from residential properties to such locations as shall be designated
by the Orange Board of Selectmen from time to time.
C.Â
The municipality
shall not provide recycling collection to dwelling units located on
private roads or rights-of-way, including, but not limited to, condominiums.
A.Â
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 § 331-10 of this article above.
B.Â
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:
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 § 331-12 of this article shall pay any disposal charge called for by said regulations.
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.
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.
A.Â
Pursuant to Connecticut General Statutes § 22a-220a(f), any collector who knowingly mixes other solid waste with items designated for recycling in violation of § 331-15 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.Â
Pursuant to Connecticut General Statutes § 22a-220a(f), any commercial establishment that fails to make provision for the separation from other solid waste of the items designated for recycling in violation of § 331-9 of this article shall be liable for a civil penalty of $500 for each violation.
C.Â
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.Â
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.
