[HISTORY: Adopted by the Town Council of
the Town of Monroe as indicated in article histories. Amendments noted
where applicable.]
[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:
The Connecticut Resources Recovery Authority established
pursuant to Chapter 446E of the Connecticut General Statutes, as amended.[1]
The system for the processing of solid waste and the recovery
of products therefrom constructed by the Authority pursuant to the
municipal contract.
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.
The Director of Health of the Town of Monroe.[2]
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.
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.
Includes waste from the preparation, cooking and consumption
of products used primarily in private homes.
Includes putrescible and nonputrescible matter from the manufacture,
fabrication or processing of any product.
The Municipal Solid Waste Management Services Contract between
the Town and the Authority dated as of August 30, 1985.
That refuse not acceptable to or capable of processing by
the Bridgeport system.
That refuse acceptable to the Bridgeport system pursuant
to the municipal contract.
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.
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.
The Town of Monroe.
That facility constructed and operated by the Authority as
part of the Bridgeport system and located at Spring Hill Road, Trumbull,
Connecticut.
[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.
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]
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.
Any person violating the terms of this article
shall be fined not more than $100 for each offense.
[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:
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.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, political subdivision or
any other legal entity of any kind.
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.
Unwanted or discarded materials, including without limitation
solid, liquid, semisolid or contained gaseous materials.
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
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.
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.
