[HISTORY: Adopted by the Board of Aldermen of the City of Derby as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-1981]
As used in this article, the following terms shall have the meanings
indicated:
A commercial establishment that generates no more than three fifty-five-gallon
refuse containers each week.
[Amended 9-28-2000]
Unwanted or discarded materials, including solid, liquid, semisolid
or contained gaseous material.
The municipal landfill located on Marshall Lane, so called, more
particularly bounded and described in Volume 128, Pages 525-527, of the Derby
Land Records.
The city shall continue to operate a solid waste disposal area for the
benefit and use of the residents of the city and other duly authorized persons,
in accordance with rules and regulations established by the State Department
of Environmental Protection and State Health Department.
Use of the solid waste disposal area shall be limited to the following
persons:
A.
Municipally authorized solid waste collectors depositing
wastes generated within the city.
B.
Derby residents and taxpayers, except that no resident
or taxpayer shall use a vehicle with a registered capacity of more than one
ton at any one time.
C.
Commercial solid waste collectors with written permits
depositing wastes generated within the city.
D.
Such other persons as the Board of Aldermen shall permit.
The Street Commissioner of the city shall establish hours for the use
of the solid waste disposal area, which shall be posted at the site and on
file in the office of the City Clerk.
It shall be unlawful for any person to use or cause to be used the solid
waste disposal area except within the hours established in § 167-4.
[Amended 12-8-1988]
A.
No solid waste shall be disposed of at the solid waste
disposal area except upon payment of a fee as established by the Board of
Aldermen of the city, which fee shall be $12, with a minimum charge of $12
per load, which fee shall be paid at the main gate to the disposal area in
the form of a dump ticket which shall be available for purchase at the office
of the City Clerk, except that Derby residents and taxpayers transporting
noncommercial and nonindustrial solid waste, and the municipally authorized
solid waste collector, disposing of solid waste generated by the residential
collection, shall have said fee waived.
B.
Any individual or entity disposing of the items listed
below at the Derby Landfill shall pay disposal fees as follows:
|
Item
|
Fee
| |
|---|---|---|
|
Stoves, refrigerators, freezers, washers, dryers, dishwashers, etc.
|
$5
| |
|
Air conditioners, console televisions, water heaters, etc.
|
$3
| |
|
Portable televisions, microwaves, etc.
|
$2
| |
|
Tires
| ||
|
16 inches or under
|
$2
| |
|
Over 16 inches
|
$5
| |
|
Gallon of engine or transmission oil
|
$0.50
|
The fee as established in § 167-6 shall, at the option of
the vehicular owner or user, be determined by either:
A.
The maximum carrying capacity of the vehicle containing
the material to be disposed of as indicated by the registration of such vehicle;
or
B.
The weight of the load on such vehicle as indicated on
a weight ticket issued at a scale operated by a weighmaster duly licensed
by the State of Connecticut, including the date and time of weighing.
A.
All applications for permits pursuant to § 167-3
shall be in writing, in a form prescribed by the Street Commissioner and obtained
therefrom, including the submission of a sworn list of all vehicles, with
license plate numbers, proposed to be used by the permittee.
B.
No permit issued hereunder shall be assignable or transferable.
C.
Use of the solid waste disposal area by other than those
vehicles registered with the Street Commissioner shall constitute violation
of this section and shall bar the permittee from use of said area for one
year from the date of said violation.
No solid waste classified as hazardous according to the Department of
Environmental Protection regulations shall be disposed of at the solid waste
disposal area.
No person other than the municipally authorized solid waste collector
shall collect and transport solid waste within the city without written permit
from the City Clerk, except residents and taxpayers as provided in § 167-3C.
Collectors of solid waste within the city shall, as required by this
article, register upon forms to be provided by the Street Commissioner and
made available in the office of the City Clerk.
Collections of community solid waste shall occur at least once per week.
[Amended 9-28-2000]
A.
All solid waste to be collected by the collector shall
be in containers suitable for holding said wastes, with a maximum capacity
of 30 gallons and maximum weight of 50 pounds, except that:
(1)
Ashes, sawdust and swill are to be put in plastic bags
and tied securely.
(2)
Garbage in paper bags will not be accepted unless placed
in proper containers.
(3)
All newspapers and magazines are to be tied in average
size bundles.
(4)
All cardboard boxes are to be broken apart, folded flat
and tied securely.
(5)
Each family is limited to two barrels of loosely packed
leaves or grass or two bundles of shrubbery securely tied for each pickup
or any amount of leaves, grass or clippings, provided that the same are deposited
for pickup in large durable plastic bags and tied securely, except for bulk
pickup as announced by the Commissioner.
(6)
Furniture, appliances, plaster, rocks and large pieces
of lumber will not be accepted.
[Amended 9-28-2000]
A.
All solid waste containers and other solid waste as specified
shall be placed at the shoulder or curb for removal, except that, if any solid
waste cannot be placed at the shoulder or curb, the collector shall not refuse
to make collection from the premises providing such solid waste if the owner
or occupant thereof who desires removal is willing to pay the collector the
reasonable and customary fee for removal from said premises, and has scheduled
an oversize solid waste pickup as defined in Subsection C below.
B.
No solid waste container shall be placed along the public
right-of-way before 12:00 p.m. on the day prior to the scheduled pickup day.
All solid waste containers shall be removed from the public right-of-way no
later than 8:00 p.m. on the scheduled pickup day. Penalties for failure to
comply with this provision shall be as follows:
C.
Oversize solid waste pickup.
(1)
Any owner or occupant desiring collection of oversize
solid waste shall schedule an oversize solid waste pickup through the City
of Derby Department of Public Works. Collection of oversize solid waste will
be provided according to the following fee schedule:
|
Type of Use
|
Fee
| |
|---|---|---|
|
1- or 2-dwelling units
| ||
|
First pickup
|
No charge1
| |
|
Second pickup
|
No charge1
| |
|
Third pickup
|
No charge1
| |
|
Fourth pickup
|
$751
| |
|
Subsequent pickup(s)
|
$1501
| |
|
3+ dwelling units
| ||
|
First pickup:
|
No charge1
| |
|
Second pickup
|
$2501
| |
|
Third and subsequent pickup(s)
|
$5001
| |
|
Condominium
| ||
|
First pickup per 5 units
|
No charge1
| |
|
Second pickup
|
$2501
| |
|
Third and subsequent pickup(s)
|
$5001
| |
|
Type of Use
|
Fee
| |
|
Small business
| ||
|
First pickup
|
No charge1
| |
|
Second pickup
|
$2501
| |
|
Third and subsequent pickup(s)
|
$5001
| |
|
NOTE:
| ||
|
1Additional charges may apply
for excess tonnage as detailed in the Transfer Facility Fee Schedule maintained
by the Director of Public Works.
| ||
(3)
In the event that oversize solid waste is presented at
the shoulder or curb for removal on the scheduled pickup day and the owner
or occupant has not properly scheduled an oversize solid waste pickup, the
oversize solid waste shall be collected; however, the owner or occupant shall
be charged for such unscheduled oversize solid waste pickup at the rate specified
on the fee schedule for "third and subsequent pickup(s)." All records and
invoicing for oversize solid waste pickup shall be maintained by the Public
Works Department.
All solid waste collected by the municipally authorized collector shall
be done in a thorough and clean manner, with containers emptied and replaced
with cover in an upright position at the place of removal.
[Amended 6-29-1987]
The City of Derby shall pay for the cost of one weekly trash pickup
for condominiums within the city, and the City of Derby shall not charge a
dumping fee to any trash hauler for the disposal of Derby condominium-generated
trash in the Derby landfill. However, the City of Derby shall not pay for
nor be responsible for the cost of any additional trash pickups, rental of
condominium trash containers or any other cost incidental to the pickup of
trash from condominiums within the city.
[Adopted 3-9-1995]
The Board of Aldermen of the City of Derby is hereby authorized to enact
from time to time such regulations as it shall deem in the public interest
regarding the separation, recovery, collection, removal, storage and disposition
of garbage, rubbish and other refuse, including recyclables. Such regulations
shall become effective upon publication twice in a daily newspaper having
circulation in the City of Derby and shall be immediately posted in a conspicuous
place in City Hall.
As used in this article, the following terms shall have the meanings
indicated:
Corrugated boxes and similar corrugated and kraft paper materials
which have a minimum of contamination by food or other material.
A glass bottle or jar of any size or shape used to package food products
suitable for human or animal consumption.
The 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.
Used or discarded newsprint which has a minimum of contamination
by food or other material.
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.
To separate or divert 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 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.
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.
Lead acid batteries or other batteries used in motor vehicles such
as automobiles, airplanes, boats, recreational vehicles, tractors and like
applications.
Crankcase oil that has been utilized in internal combustion engines.
The Board of Aldermen of the City of Derby is authorized to employ or
make contracts with individual persons or corporations for the separation,
recovery, collection, removal, storage or disposition of garbage, rubbish
and other refuse including recyclables.
The following material shall be classified as recyclable material and
subject to the separation and collection requirements as established in this
article:
A.
It shall be mandatory for all residents who are owners,
lessees or occupants to separate from other solid waste all recyclables as
defined in this article. All recyclables shall be separated from nonrecyclables
in the following manner:
(1)
All clean and unsoiled newspapers shall be separated
from the refuse and other recyclables and piled loose on top of the recycling
container or as otherwise specified by the City of Derby and placed at the
curb for scheduled pickup. Newspapers shall not be wet or contaminated with
food or other waste materials.
(2)
All clean and unsoiled corrugated cardboard shall be
separated from the refuse and other recyclables, collapsed and flattened and
stacked neatly underneath the recycling container at curbside for scheduled
pickup. Corrugated cardboard shall not be wet or contaminated with food or
other waste materials.
(3)
All containers including but not limited to metal and
glass food containers and aluminum foil products shall be rinsed and devoid
of food products, placed in the recycling container and placed at the curb
for scheduled pickup. All labels must be removed from cans and all corks,
neck rings, lids or caps must be removed and placed with the refuse.
(4)
Leaves and other organic (plant) matter will be picked
up by the Public Works Department on a posted schedule.
(5)
All storage batteries, used motor oil and vehicle tires
generated by residences shall be brought to the transfer facility located
on Pine Street, Derby, Connecticut, or as otherwise described by the City
of Derby and placed in the marked containers or locations as established by
the City of Derby except in the case of storage batteries which may be brought
to a local retailer as provided by state law. Used motor oil shall be transported
in plastic or metal closed containers and poured into the waste oil tank.
Tires shall be placed in the pile provided.
(6)
Recyclables from residents shall not be placed in plastic
bags for collection, removal or disposal. Recyclables from residences shall
not be placed in the same refuse container as or otherwise mixed with solid
waste for collection, removal or disposal.
(7)
Recyclables shall be separated from other garbage and
refuse and placed at the street curb or curbline for collection. Recyclables
not handled as specified will not be collected if combined with other garbage
and rubbish. No solid waste container shall be placed along the public right-of-way
before 12:00 p.m. on the day prior to the scheduled pickup day. All solid
waste containers shall be removed from the public right-of-way no later than
8:00 p.m. on the scheduled pickup day. Penalties for failure to comply with
this provision shall be as follows:
[Amended 9-28-2000]
B.
No person having custody or control of residential premises
from which garbage, rubbish or other refuse, including recyclables, is collected
for disposal by the City of Derby shall permit or cause any garbage, rubbish
or other refuse, including recyclables, within its custody or control to become
a hazard to public travel, health or safety or to become a nuisance of any
sort.
No person engaged in the business of separation, recovery, collection,
removal, storage or disposition of garbage, rubbish or other refuse within
the City of Derby, except as specifically authorized by the Board of Aldermen
of the City of Derby, shall pick up or procure any garbage, rubbish or other
refuse deemed recyclable under this article or a valid regulation. This restriction
shall also include any independent citizen, resident, taxpayer or person who
might engage in such practice for personal gain.
The following persons or firms must comply with reporting requirements
as described herein:
A.
All haulers, permitted by the City of Derby, shall submit
documentation no less frequently than quarterly on their recycling activities
in the form of weight slips or a signed business letter indicating the total
amount of each item described in § 167-21 recycled each quarter,
the names of those nonresidential multifamily establishments within the city
that they service, those contracts not complying with the provisions of this
article and any changes made to the system employed for recycling. The first
report shall also describe the recycling system utilized by the hauler, in
general, including items to be recycled, methods of collection and destination
of materials. Reports must be submitted to the City Public Works Director
commencing January 1, 1995. Recycling documentation will be due on or before
the eighth day of the month following the end of each quarter.
B.
Any hauler who has reason to believe that any person
from whom he collects garbage has violated the separation requirements detailed
in this article shall issue a warning notice (provided by the city) and properly
notify the Mayor or his designee of the alleged violation. The hauler shall
also assist the town in identifying persons responsible for creating loads
with mixed recyclables and solid waste.
C.
All haulers and recycling facilities shall report any
chapter violation occurring on their route to the Mayor or his designee within
24 hours of the occurrence, including the name of the individual committing
the violation and the type of violation involved.
D.
It shall be mandatory for all recycling facilities permitted
by the City of Derby to submit documentation no less frequently than quarterly
on their recycling activities in the form of weight slips or a signed business
letter indicating the amounts recycled, those contracts not complying with
the provisions of this article and any changes made to the system employed
for recycling. The first report shall described the recycling system utilized
by the company, in general, including items to be recycled, methods of collection
and projected residue level. Reports must be submitted to the City Department
of Public Works commencing on or about January 1, 1995. Recycling documentation
will be due on or before the eighth day of the month following the end of
each quarter. Those not complying shall be subject to the penalties described
in § 1-14. In addition, all recycling facilities shall be required
to report monthly concerning the total amount of recyclables obtained from
each business in the City of Derby and the amount of residue remaining after
recycling has taken place. Such report shall be in the form of certified weight
slips or a signed business letter.
A.
All persons who are owners, lessees or occupants of multifamily
residences, nonresidential establishments and public institutions and facilities
shall establish recycling programs and shall separate from other solid waste
or arrange to separate, collect, transport and market all items designated
as recyclable, including but not limited to newspapers, glass food containers,
metal foods containers, office paper, corrugated cardboard, waste oil, storage
batteries, leaves, yard waste and scrap tires for recycling. In no case shall
such person or firm commingle paper or cardboard recyclables with food waste,
garbage or other putrescible waste prior to collection for recycling. All
processing, separating and marketing of recyclables must take place at a state-certified
recycling facility.
B.
All owners of multifamily residences and owners, lessees
or occupants of nonresidential establishments and public or private institutions
or facilities shall submit yearly documentation of their recycling system
on forms provided by the city. The first report shall describe the system
in general, including items to be recycled, haulers receiving the materials
and frequency of pickup or delivery. Reports must be submitted to the City
Department of Public Works commencing March 1, 1995, and every year thereafter
by January 1.
Any person, hauler or facility violating any provision of this article
or the regulations enacted hereunder shall be fined not more than $99 for
each offense. In addition, the City of Derby or its agent reserves the right
to refuse to collect garbage, rubbish or other refuse or to allow disposal
where the spirit or letter of the chapter or the regulations enacted hereunder
is ignored. The Board of Aldermen shall have full discretionary authority
in deciding all disputed questions arising under the provisions of this article
or the regulations enacted hereunder. Notwithstanding any penalties outlined
above, the city may pursue any civil remedies for any damages at common law
or statutory law. Each day any such violation shall continue shall constitute
a separate offense and shall be punishable as such.
All ordinances or parts of ordinances, resolutions, regulations or other
documents inconsistent with the provisions of this article are hereby repealed
to the extent of such inconsistency.
