[HISTORY: Adopted by the Town Council of the Town of Monroe as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 305.
Littering — See Ch. 349.
Property maintenance — See Ch. 405.
[Adopted 1-27-1986 (Ch. 63 of the 1976 Code)]
The accumulation, collection, removal and disposal of refuse must be controlled by the Town for the protection of the public health, safety and welfare of its residents. It is consequently found and declared that:
A. 
The Town is authorized by law to regulate the disposal of refuse generated within its boundaries and to license refuse collectors.
B. 
The Town hereby designates the Trumbull Transfer Station as the primary area where refuse generated within the Town's boundaries shall be delivered and shall give notice thereof to refuse haulers doing business in the Town.
C. 
The Town hereby also designates the Garder Road landfill as the area where nonprocessible solid waste can be delivered as per regulations authorized by § 452-7C of this article.
D. 
The Town has executed the municipal contract requiring it to cause all processible solid waste generated within its boundaries to be delivered to the Bridgeport system.
E. 
The public health, safety and welfare of the Town will be served by requiring the delivery of processible solid waste to the transfer station for processing by the Bridgeport system into products which have an economic value.
As used in this article, the following terms shall have the meanings indicated:
AUTHORITY
The Connecticut Resources Recovery Authority established pursuant to Chapter 446E of the Connecticut General Statutes, as amended.[1]
BRIDGEPORT SYSTEM
The system for the processing of solid waste and the recovery of products therefrom constructed by the Authority pursuant to the municipal contract.
COMMERCIAL REFUSE
Waste from the preparation, cooking and consumption of food, condemned food products and all refuse from the handling, storage, preparation and sale of produce originating primarily in commercial kitchens, stores, restaurants, food markets and factories.
DIRECTOR OF HEALTH
The Director of Health of the Town of Monroe.[2]
DISPOSAL CHARGE
That amount of money to be charged for each ton of refuse delivered to the Bridgeport system or other disposal site as established by the procedures authorized in the municipal contract as well as this article.
HAZARDOUS WASTES
Solid and liquid wastes in the following classifications: pathological, biological, cesspool or other human wastes, human and animal remains, and 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 through 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.
HOUSEHOLD REFUSE
Includes waste from the preparation, cooking and consumption of products used primarily in private homes.
INDUSTRIAL REFUSE
Includes putrescible and nonputrescible matter from the manufacture, fabrication or processing of any product.
MUNICIPAL CONTRACT
The Municipal Solid Waste Management Services Contract between the Town and the Authority dated as of August 30, 1985.
NONPROCESSIBLE SOLID WASTE
That refuse not acceptable to or capable of processing by the Bridgeport system.
PROCESSIBLE SOLID WASTE
That refuse acceptable to the Bridgeport system pursuant to the municipal contract.
REFUSE
All putrescible and nonputrescible solid wastes, including household garbage, rubbish, ashes, bulky wastes and solid commercial and industrial refuse. It shall not include hazardous wastes.
REFUSE COLLECTOR
Includes any person, firm or corporation engaged in the business of collecting and transporting commercial, household or industrial refuse for hire within the Town of Monroe.
TOWN
The Town of Monroe.
TRANSFER STATION
That facility constructed and operated by the Authority as part of the Bridgeport system and located at Spring Hill Road, Trumbull, Connecticut.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 4-13-1992]
A. 
Each refuse collector shall annually, on or before January 1, obtain a license to engage in the business of refuse collection in the Town of Monroe.
B. 
Each licensed refuse collector shall obtain a separate registration for each vehicle he operates within the Town of Monroe. When a vehicle is employed to transport more than one container, each container instead of the vehicle shall require a registration. Registrations shall not be transferable from vehicle to vehicle or container to container; provided, however, that the First Selectman may allow temporary transfer of registrations in hardship situations, such as a temporary breakdown of an individually licensed vehicle.
C. 
All registrations shall be issued for the term not to exceed one year and shall be renewable on or before the first day of January of each year. The registration fee shall be $100 for each vehicle and/or container with a capacity of 10 or more cubic yards and $50 for each vehicle and/or container of a capacity of less than 10 cubic yards. Fees for newly registered vehicles or containers shall be prorated to the first of the month in which registered.
D. 
If and when a duly registered vehicle is sold or transferred to another refuse collector licensed in the Town of Monroe during the registration year, inspection of said vehicle may be required within seven days of such transfer date but no additional fee shall be required.
E. 
The registration issued shall be conspicuously displayed on the left front of the body of each vehicle or container so licensed, or as may be directed.
F. 
Each licensee shall prominently display, in letters at least four inches in height, his name and telephone number on each vehicle or container registered, which shall be permanently part of the vehicle or container at the time of the inspection.
G. 
When any licensee shall sell or transfer all or part of his route to another refuse collector who is presently licensed to collect refuse in Monroe, he shall forthwith notify the First Selectman within seven days, in writing, as to the date of the sale or transfer and the name and address of the transferee.
H. 
Licenses are not transferable. When any licensee shall sell or transfer all or part of his route to any refuse collector not licensed in Monroe, he shall first notify the First Selectman, in writing, of his intent to sell, and the transferee shall, at the same time, make application for a license in Monroe.
I. 
Upon request of the Town, the refuse collector must, within 10 days of such request:
(1) 
Furnish the geographic routes and/or a list of customers within the Town of Monroe that such refuse collector services and/or intends to service.
(2) 
Submit each vehicle and/or each container for which such refuse collector seeks a license for the inspection and approval of the Director of Health or his duly appointed agent.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
As a prerequisite to the issuance or renewal of any license, the refuse collector must agree, in writing, to abide by all provisions of this article, including the disposal charges and all amendments thereto.
[Amended 4-13-1992]
A. 
A license to engage in refuse collection and to use the Trumbull Transfer Station or other Town disposal facilities is a privilege, not a right. The First Selectman or the Director of Health or their duly designated agents have the right to inspect vehicles licensed hereunder at any time. Licenses and/or registrations may be revoked or suspended for a definite period of time by the First Selectman or his designee in his own discretion or upon direction of the Director of Health for any violation of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Revocation or suspension shall only become effective five calendar days after receipt of written notice from the First Selectman.
C. 
If a refuse collector objects to an action authorized in Subsection B above to revoke or suspend his license or registration, he may, within five calendar days of receipt of said notice, file a written request for review with the Chairman of the Town Council. Failure to timely file such request for review shall make the action final and binding upon the collector.
D. 
Timely filing of such request for review shall operate as an automatic stay of the action authorized in Subsection B above.
E. 
The Chairman of the Town Council shall schedule forthwith a special hearing before the Town Council and then within 10 days the Town Council shall decide the matter.
F. 
Whenever a collector's license or registration is revoked or suspended, he shall furnish the First Selectman within 24 hours the names and addresses of his customers to ensure continuity of service.
[Amended 4-13-1992]
A. 
All rates and pickup service fees charged by the collector shall be negotiated between the customer and refuse collector.
B. 
Fee schedules for normal service will be filed at the time of license application with the First Selectman and thereafter in December of each year.
C. 
Changes in fee schedules for normal service must be filed with the First Selectman and will become effective no sooner than 10 days after such filing.
A. 
A disposal charge shall be paid by refuse collectors and/or private individuals for all refuse delivered to the Bridgeport system or other site as established under this article.
B. 
The amount, method of billing and collection procedures of a disposal charge shall be established by the Town Council by resolution.
[Amended 4-13-1992]
A. 
The administration of this article shall be the responsibility of the First Selectman or his designee.
B. 
The First Selectman shall have charge of any area, other than the Bridgeport system, designated as a Town disposal area and shall promulgate rules and regulations governing the use of such area.
C. 
The First Selectman may promulgate additional rules on all collection and disposal procedures from time to time as he deems proper, but such rules shall not be inconsistent with this article.
[Amended 1-27-1992; 4-13-1992]
A. 
It shall be unlawful for refuse collectors to transport into any area designated as a Town disposal area any refuse from any place beyond the limits of the Town of Monroe.
B. 
It shall be unlawful for any refuse collector to collect or transport any refuse in the Town of Monroe without first having obtained a license from the Town and a registration for each vehicle and/or container.
C. 
All vehicles registered to collect and transport shall be of a watertight construction and shall be maintained free of obnoxious odors and accumulated refuse. Any such vehicle with a capacity in excess of 10 cubic yards shall be of a closed construction. A container utilized primarily for nonliquid refuse need not be of watertight construction but shall be completely enclosed. If any such vehicle shall have a capacity of less than 10 cubic yards it may have an open top, provided that it is covered when in motion to prevent the escape of refuse.
D. 
A refuse collector may refuse to continue to provide collection service to any customer if said customer is more than 30 days delinquent in the payment of his fee after billing; provided, however, that if the delinquent customer shall discharge his delinquency, the refuse contractor shall be required to immediately restore collection services to him.
E. 
Refuse collectors are hereby made jointly responsible for providing collection service to any resident of the Town of Monroe. If any resident of the Town of Monroe shall be refused collection services or is dissatisfied with collection service for cause, he may make application to the First Selectman, who shall have the right to direct said collector to provide service or who shall have the right to designate another licensed refuse collector to provide refuse collection service, and the collector so selected shall comply with said First Selectman's designation.
F. 
In the event that refuse collection service is not provided, the First Selectman shall designate a licensed refuse collector or collectors to provide refuse collection service in the geographical area affected, and such collector or collectors shall comply with said First Selectman's designation.
G. 
Refuse collectors shall leave their customers' containers in a neat, upright position, with lids replaced and off the road.
H. 
Refuse collectors shall clean up refuse that may have spilled when carrying or transferring refuse.
I. 
It shall be unlawful for collectors to collect refuse between the hours of 11:00 p.m. and 6:00 a.m.
[Amended 4-13-1992]
A. 
It shall be unlawful for a refuse collector, resident or nonresident to transport into any area designated as a Town disposal area refuse from any place beyond the limits of the Town of Monroe.
B. 
The standard container for commercial refuse shall be a watertight, verminproof galvanized or plastic receptacle, with a tight lid and with a capacity of not over 30 gallons, except that commercial establishments may provide for a large covered container designated to be emptied into a refuse truck.
C. 
The standard container for residential refuse shall be either a twenty- or thirty-gallon container.
D. 
Customers shall ensure a safe and clear passage to the containers.
E. 
It shall be unlawful for any person, firm or corporation to place explosives or similarly dangerous substances into any refuse container or to transport any such substance to the Town disposal area.
F. 
No person shall throw or deposit refuse in or about any building or private property or upon any street or public place or into any swamp, lowland or watercourse within the boundaries of the Town of Monroe.
G. 
Notwithstanding anything to the contrary herein, the First Selectman may, for cause, refuse to a collector or resident the privilege of using a Town disposal area.
[Adopted 9-10-1990 (Ch. 80A of the 1976 Code)]
Pursuant to Connecticut General Statutes § 22a-241 et seq., as amended, persons generating solid waste must begin separating certain items for recycling from other solid wastes for disposal. The Town of Monroe has become a party to an intercommunity agreement establishing the Southwest Connecticut Regional Recycling Operating Committee (SWEROC) through which regional solid waste recycling services will be provided. This article establishes the program (the "recycling program") that shall govern the separation, recovery, collection, removal, storage and disposition of recyclable materials within the Town of Monroe.
As used in this article, the following terms shall have the meanings indicated:
GENERATOR
All individuals, households, firms, partnerships, corporations, associations, organizations, syndicates, trusts, companies, agencies, businesses, industries, churches, government offices and facilities, political or administrative subdivisions of the State of Connecticut, schools, multiple-unit dwelling complexes and social clubs which generate recyclable materials within the Town of Monroe.
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, political subdivision or any other legal entity of any kind.
RECYCLABLE MATERIALS
Those materials delineated in § 22a-214b-2 of the Regulations of Connecticut State Agencies, as amended, and such other materials as may be designated for inclusion in the recycling program by the Town of Monroe from time to time.
SOLID WASTE
Unwanted or discarded materials, including without limitation solid, liquid, semisolid or contained gaseous materials.
TRANSPORTER
Any person authorized by the Town of Monroe to collect and transport solid waste or recyclable materials.
A. 
The First Selectman of the Town of Monroe shall be responsible for the development, implementation, administration and enforcement of the recycling program in accordance with the provisions of this article, which shall include but not be limited to:
(1) 
The coordination of the recycling program with state and federal solid waste management and recycling programs and SWEROC.
(2) 
The development of public education programs concerning solid waste management and recycling.
(3) 
Encouraging, organizing and coordinating voluntary citizen and business organizations' solid waste management and recycling campaigns.
(4) 
Investigating the availability of public and private sources of funding for such programs.
(5) 
Reviewing available information on solid waste management and recycling.
B. 
The First Selectman may designate a qualified person to act as a recycling coordinator to administer and coordinate the recycling program in accordance with this article.
C. 
The First Selectman shall develop and enforce such procedures as are necessary to accomplish the objectives of the recycling program and to ensure compliance by generators and transporters with Connecticut General Statutes § 22a-241 et seq., as amended, and any other municipal, state or federal ordinances, laws or regulations affecting the recycling program.
D. 
The First Selectman is authorized to consider present and future marketing conditions, availability of appropriate containers, transportation vehicles and personnel and other equipment and such other factors as in his or her opinion may bear on the effective and efficient application of this article in discharging his or her duties.
A. 
Each generator shall separate recyclable materials from the solid waste generated by him, her or it and store such recyclable materials for collection and recycling pursuant to this article. Each generator shall place recyclable materials for collection by transporters at the time and in the manner designated by the First Selectman from time to time.
B. 
No permit, license or other authorization for any public event on public or private property shall be issued by the Town of Monroe unless it contains a requirement that recyclable materials be separated from the solid waste generated at such event and stored and disposed of in accordance with this article.
C. 
No generator shall allow recyclable materials within his, her or its control to become a nuisance or hazard to public health, safety or welfare. A generator who fails to observe the requirements of this subsection shall defend and hold the Town of Monroe harmless and indemnified from and against any and all claims, injuries, damages and/or liabilities arising out of such nuisance or hazard.
[Amended 5-6-1992]
A. 
The Town of Monroe shall arrange for the collection of recyclable materials separated by generators and designated and delivered for collection as required hereunder.
B. 
It shall be unlawful for any unauthorized person, directly or indirectly, to collect, remove or dispose of recyclable materials. Recyclable materials designated and delivered by a generator for collection by a transporter shall become the property of the Town of Monroe upon pickup by a transporter.
C. 
The First Selectman may establish such procedures for the placement and storage of recyclable materials pending collection by transporters as he or she shall determine are reasonably necessary to assure the orderly administration of the recycling program.
D. 
No transporter shall be required to collect, remove or dispose of solid waste which contains recyclable materials.
E. 
All vehicles used by transporters of solid waste and recyclable materials shall be licensed and inspected by the Town of Monroe.
F. 
Transporter requirements.
(1) 
All transporters shall:
(a) 
Notify the First Selectman, or his or her designee, of each violation by a generator of any provision of this article of any procedures established in connection herewith;
(b) 
Comply with all rules, regulations and ordinances and such other procedures as may be established by the First Selectman to ensure compliance with the recycling program;
(c) 
Use such containers and vehicles as necessary to prevent the escape of offensive odors and recyclable materials from being blown, dropped, spilled or leaked; and
(d) 
Register with the Town of Monroe pursuant to § 452-3 of Article I of this chapter, as amended, and Connecticut General Statutes § 22a-220a(d), as amended.
(2) 
The requirements of this Subsection F shall be in addition to and not in lieu of any other requirements presently or hereafter imposed upon transporters by the Town of Monroe.
G. 
Any transporter doing business in the Town of Monroe who violates any section hereof or any procedure adopted by the First Selectman in connection herewith may, upon due notice with an opportunity to be heard, have its privilege to operate within the Town of Monroe, including without limitation any license or permit issued to such transporter, terminated and revoked and a fine imposed, not to exceed $100 for each violation, as determined by the First Selectman.
A. 
In the event that generators fail to separate recyclable materials from solid waste, as required under § 452-14A, the following penalties may be enforced:
(1) 
Upon the first violation of § 452-14A:
(a) 
The transporter shall provide the generator with a written warning notice or tag which shall state that failure to separate recyclable materials from solid waste is a violation of Connecticut General Statutes § 22a-241b(c), as amended, and this article;
(b) 
The transporter will not be required to collect the unseparated solid waste; and
(c) 
The transporter shall notify the First Selectman, or his or her designee, of such violation.
(2) 
Upon the second violation of § 452-14A:
(a) 
The transporter shall not collect the unseparated solid waste;
(b) 
The transporter shall provide the generator with a written warning that any further violation may result in noncollection of solid waste and/or a monetary fine; and
(c) 
The transporter shall notify the First Selectman pursuant to § 452-15F(1)(a) hereof.
(3) 
Upon notification of more than two violations of § 452-14A within one calendar year, the person or persons who violate any provision of this article may be fined up to $100, as determined by the First Selectman, for each such violation.
B. 
Each and every violation of § 452-15B shall constitute a separate and distinct violation of this article and shall result in a fine of not more than $100, as determined by the First Selectman, for each such offense. In addition to any fine, the offender, at the option of the First Selectman, may be required to make restitution to the Town of Monroe for the value of any recyclable materials illegally removed.
C. 
Nothing in this article shall deny the right of any person to give or sell the recyclable material, including deposit beverage containers, to any other person.
The First Selectman may, in his or her discretion, issue permits to any person or persons to collect recyclable materials, provided that such persons file a report with the First Selectman detailing the types and amounts of recyclable materials collected. In exercising his or her discretion under this section, the First Selectman shall consider the effect of volunteer activities on the objectives and operations of the recycling program and the responsibilities of the Town of Monroe under SWEROC, including whether such volunteer activity would significantly diminish the quantity of recyclable materials which the Town of Monroe must deliver to any regional recycling center under SWEROC.
A. 
The effective date of this article shall be October 15, 1990.
B. 
Notice of the commencement of the program shall be published in a newspaper having general circulation in the Town of Monroe at least 30 days prior to such effective date.