[HISTORY: Adopted by the Town Council of the Town of Mansfield 7-23-1990,
effective 8-20-1990. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Solid Waste/Municipal
Authority Ordinance."
This chapter is adopted to establish a Municipal Resource Recovery Authority
(MRRA) in the Town of Mansfield pursuant to Chapters 103b, 446d and 446e of
the Connecticut General Statutes, and to update and consolidate the town's
Solid Waste Ordinance to comply with the state's mandatory recycling
law scheduled to take effect on January 1, 1991.
Pursuant to Section 7-273aa(b) of the Connecticut General Statutes,
the Mansfield Resource Recovery Authority is hereby created for the regulation
and control of solid wastes in the Town of Mansfield, and the Mansfield Town
Council is hereby designated as said Municipal Authority. The Authority is
so created as a Municipal Resource Recovery Authority under Section 7-273
of the Connecticut General Statutes inclusive, and shall have all of the powers
provided under said section and under Chapters 446d and 446e of said statutes.
The Mansfield Resource Recovery Authority shall have its principal office
at the Audrey P. Beck Municipal Building, 4 South Eagleville Road, Storrs/Mansfield,
Connecticut 06268.
The Authority shall have control over the total solid waste stream within the Town of Mansfield, including control over the operation of any town-owned solid waste landfill, transfer station, recycling facility, sludge disposal area or any like facilities. All policies, permits, contracts and agreements concerning refuse collection, landfill operation, trash dumping and recycling shall be subject to Authority regulation, approval and acceptance. The Authority is authorized to employ or make contracts with individual persons or corporations for the separation, recovery, collection, removal, storage, transport or disposition of garbage, rubbish and other refuse, including recyclables. The Authority is further empowered to charge fees and to issue bills to recipients of said services, and to take appropriate action to collect said fees as provided for hereinafter in § 161-13. The Authority may, by resolution, establish regulations, policies and fees for the use of town transfer stations, processing or recycling facilities, disposal areas and for all refuse and recycling pickup within the town. Said regulations may include but are not limited to the types of materials which are collected, hauled and deposited at any facility, the days, place and hours of refuse or recycling pickup and facility operation, fees to be charged at any facility or for any town-authorized collection service, requirements and fees for collector permits and the designation of recycling or refuse collection systems with the town by type of establishment, frequency of collection, level of service and cost. The Authority shall also be responsible for enforcing this chapter and its adopted regulations as set forth hereinbelow.
As used in this chapter, the following terms shall have the meanings
indicated:
Large nonputrescible items such as discarded appliances and furniture,
stumps and bushes, construction debris and demolition waste, including but
not limited to brick, mortar, wood and glass.
The act of collecting solid waste or recyclables at the place of
waste generation by approved, licensed solid waste collector and is distinguished
from "removal."
Any vehicle or equipment used in the collection of residential refuse,
commercial solid waste or recyclables.
Each container or bin of one (1) cubic yard or more owned by a solid
waste collector and placed for use at a business, commercial location, residence,
apartment building or construction site. Each "commercial container" shall
be identified with the name and telephone number of the solid waste collector
servicing the container or bin.
Cardboard which has been processed to have forms or shapes like wrinkles
or folds or into alternating ridges and grooves and is placed between two
(2) flat surfaces for the sake of strength and which is commonly used to form
cartons.
An area or location used for the disposal of solid waste designated
as such by the Resource Recovery Authority.
Any device used for generating electric current through a chemical
reaction, including but not limited to nickel-cadmium batteries, carbon batteries
and alkaline batteries.
All kitchen and table food waste, and animal or vegetable waste that
attends or results from the storage, preparation, cooking or handling of foodstuffs.
Jars and bottles made of silica, soda ash and limestone being transparent,
translucent and breakable. Specifically excluded are plastics, window glass
or panes, glass bulbs, ceramics and all other glass.
Plastic bottles, jars and jugs made from the HDPE polymer having
the standard triangular recyling symbol containing the number 2. Motor oil
containers are specificallly excluded.[1]
The duly appointed Director of Health of the Town of Mansfield.
A stiff, moderately thick paperboard used in packaging products for
household consumption.
All magazines or periodicals printed on glossy stock or paper of
heavier quality than that commonly recognized as newsprint.
Tin, bimetal, steel or aluminum cans that once contained food or
beverages for humans or animals.
Any condition which in the judgment of the Town of Mansfield Director
of Health constitutes or could constitute a threat to the public health, including
but not limited to those conditions specifically listed in Section 19-13-B1
of the State of Connecticut Public Health Code.
White, high-grade paper generally used in offices that is of high
quality and does not have a glossy finish, including but not limited to photocopy
paper, bond, ledger, tab cards, letterhead and white computer paper.
Any individual, firm or corporation, whether acting for himself or
as principal agent, officer, servant or employee for any other individual,
firm or corporation.
Plastic bottles and jars made from the PETE polymer having the standard
triangular recycling symbol containing the number 1.[2]
A place or facility where solid waste materials are sorted, crushed,
cleaned or otherwise processed prior to final disposal or recovery.
Materials which have been so designated by the Mansfield Resource
Recovery Authority. These will include but not be limited to those materials
designated as recyclable under the Connecticut General Statutes as amended,
and the regulations of the Connecticut Department of Environmental Protection,
as amended, prior to or at the time designated by those statutes and/or regulations.
The reuse of recovered resources through the processes of sorting,
cleaning, treating and reconstituting materials otherwise destined for disposal.
Any box or container designated as a recycling container by the Mansfield
Resource Recovery Authority.
Both garbage and rubbish.
Any rodent-proof heavy plastic or metal box, can, barrel, bin or
similar type container used for the accumulation of refuse.
The act of taking solid wastes from the place of waste generation
either by a licensed solid waste collector or by a person in control of the
premises.
Nonputrescible waste, including but not limited to ashes, paper,
tinware, rubber, wood, glass, rags, crockery, plastics, rubber by-products
or litter, or other unusable or discarded material resulting from normal community
or business activities, or materials which by their presence may injuriously
affect the health, safety and comfort of persons or may depreciate property
values in its vicinity, or both; provided, however, that "rubbish" shall not
include bulky waste and materials generated by a person and held by that person
to be salvaged.
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 discarded home and industrial appliances.
All putrescible and nonputrescible solid and semisolid wastes, such
as refuse, garbage, rubbish, bulky waste, paper, ashes, industrial waste,
demolition and construction wastes, abandoned vehicles and parts thereof,
discarded home and industrial appliances, manure, vegetable or animal solid
and semisolid wastes, and other discarded solid and semisolid wastes, including
liquid waste disposed of in conjunction with solid wastes at solid waste transfer/processing
stations or disposal sites, but excluding sewage collected and treated in
a municipal or a regional system; hazardous waste; or radioactive waste.
A person who has been issued a license pursuant to this chapter by
the town to collect and haul refuse or recyclable material from residential,
business, commercial or other establishments for hire within the Town of Mansfield.
Batteries used in motor vehicles, airplanes, boats, recreational
vehicles, tractors and like applications, or other lead-acid batteries.
The Town of Mansfield, Connecticut, as delineated by its corporate
limits, acting by and through its Resource Recovery Authority (Town Council)
and Town Manager as given by the Town Charter.
A place or facility used to receive garbage or rubbish from private
vehicles and/or collection vehicles from which this garbage/rubbish is subsequently
hauled to a disposal area in large vehicles or trailers.
Crankcase oil that has been utilized in internal combustion engines.
The brush, boughs and foliage of trees and other plants, including
grass clippings and leaves.
A.
All persons occupying or maintaining any premises within
the town where refuse and recyclable materials are created, produced or accumulated
shall maintain sufficient refuse or recycling containers for receiving and
holding all refuse and recyclable materials produced, created or accumulated
on such premises. Where a solid waste collector furnishes said containers,
he or she shall be responsible for maintaining the containers in good condition
unless this responsibility has been assumed by the person occupying or maintaining
the premises under the terms or conditions of the use.
B.
No person shall accumulate, store or require the storage
or handling of solid waste or recyclable materials in such a manner so as
to promote the propagation, harborage or attraction of vectors or so as to
create a nuisance or hazard to public travel, health or safety.
C.
The owner of solid waste or recyclable material generated
on any property shall cause the same to be removed to a town-designated transfer
station, processing facility or disposal area at frequencies sufficient to
prevent the occurrence of a nuisance.
D.
Except for commercial containers defined in § 161-6 hereinabove, refuse/recycling containers maintained as provided herein shall be located on the property or premises of the person producing such refuse in such areas so as not to be visible from the street, sidewalk or public place, except after 9:00 p.m. the day before pickup and before 8:00 p.m. the day of pickup.
A.
All refuse generated, produced, accumulated or collected
within the Town of Mansfield shall be disposed of only at such transfer stations,
processing facilities or disposal areas as may be designated by the Mansfield
Resource Recovery Authority (MRRA). The MRRA is hereby authorized to make
such designations as may be necessary for the public convenience and necessity.
Said designations may differentiate between types of waste materials, persons,
establishments (residential or commercial) and solid waste collectors as may
be necessary in order to provide for recycling and the cost-effective and
efficient collection and disposal of refuse.
B.
The use of the town transfer, processing or disposal
facilities shall be restricted to residents of the town and to businesses
within the town.
C.
Refuse generated outside the town will not be accepted
at any town transfer, processing or disposal facility without approval of
the Town Council. No person shall engage in any scavenging, salvaging or recycling
activities at any town solid waste facility without the written permission
of the MRRA.
D.
The MRRA may, by resolution, establish regulations and
fees for the use of designated town transfer stations, processing facilities
or disposal area. Said regulations may include but are not limited to the
types of solid waste which may be deposited at any facility, the hours of
operation, permitted salvaging or recycling operations and any other regulations
necessary for the proper use, operation and maintenance of said facilities.
All refuse and other solid waste materials, including materials for
recycling, upon being removed from the premises where produced or accumulated
shall become and be the property of the solid waste collector. Upon being
deposited in a designated transfer, processing or disposal facility, said
materials shall forthwith become the property of the owner of such facility.
A.
All persons or establishments generating solid wastes
and/or recyclable materials in the Town of Mansfield must separate the recyclable
materials from the nonrecyclable materials in accordance with the designations
established by the MRRA. Designated, unsoiled recyclable materials shall not
be mixed with other refuse, nor shall they be accepted at any town disposal
area unless properly separated and deposited in an area, container or building
designated for recyclable materials. Failure to separate designated materials
for recycling is a violation of this chapter.
B.
The MRRA is authorized to adopt regulations designating
materials that must be recycled and separated from other refuse in Mansfield.
Said designations shall be included but are not limited to those items required
to be recycled by state statutes or Department of Environmental Protection
regulations.
C.
The MRRA shall also be authorized to adopt regulations
designating how and when said recyclable materials shall be recycled, including
but not limited to the days and times of collection, manner of collection,
preparation/separation of said materials prior to collection and similar requirements
for recycling at the town's dropoff recycling area.
D.
The MRRA may also by regulation adopt rules and requirements
for recycling for different types of establishments, differentiating between
single-family residential, multifamily residential (including condominiums)
and commercial or business establishments. Said rules may designate the responsibilities
of each type of establishment in complying with the town's recycling
ordinance and regulations.
A.
Refuse and recyclable materials hauled by any person
over any road in the town shall be securely tied or covered during the hauling
thereof. No person shall allow refuse or recyclables to leak, spill, blow
off or drop from any vehicle on any road.
B.
No person shall use any vehicle for collecting, hauling or transporting refuse or recyclables on any public road within the town without first obtaining a vehicle permit from the Town Director of Health; provided, however, that no person exempted from obtaining a collector's permit pursuant to Subsection D below shall be required to obtain a vehicle permit, it being the intent of this section to prohibit any person from hauling garbage, rubbish, debris, recyclables and refuse for hire over town roads without obtaining a vehicle permit pursuant to this chapter.
C.
The MRRA may, by resolution, set fees for vehicle permits
for each vehicle proposed to be used to haul refuse or recyclables for hire
or dispose of refuse or recyclables at any town designated transfer, processing
or disposal facility. Each person shall file with the Town Director of Health,
in writing, on a form furnished and approved by the Director of Health, such
information as the Health Department may deem necessary in the issuing of
a permit for each vehicle proposed to be used. The Director of Health shall
assign a permit number to each truck upon approval of the application. The
applicant shall affix said permit to each truck in the manner prescribed by
the Director of Health in the location or locations on said truck as may be
prescribed by the Director of Health.
D.
No person shall collect, haul or transport refuse or
recyclables on any public highway within the town without first making application
to the Director of Health and receiving a solid waste collector's permit.
The provisions of this section shall not apply to persons hauling household
refuse from their own residences, nor to farming or agricultural operations,
nor to municipalities or public agencies, nor to industrial, commercial or
business establishments, nor to building contractors, nor to any of those
hauling their own refuse generated by themselves. It is the intent of this
section to prohibit from hauling refuse or recyclables for hire without first
receiving a license pursuant to this chapter.
E.
Existing collector's permits canceled and revoked.
As of July 1, 1990 and at least sixty (60) days after the effective date of
this chapter, all existing solid waste collector's permits issued by
the Town Health Department shall be canceled, revoked and expired. All persons
who wish to collect, haul or transport refuse or recyclables for hire in the
town must obtain new permits pursuant to this chapter as of July 1, 1990 or
within sixty (60) days of its effective date, whichever is later.
F.
Applicants for a new or renewed solid waste collector's
permit pursuant to this chapter or existing licensee seeking to modify his
or her permit shall file with the Town Director of Health a verified application,
in writing, on a form furnished and approved by the Director of Health, who
shall have the following information:
(1)
The name and description of the applicant.
(2)
The permanent home and business address and full local
address of the applicant.
(3)
The trade and firm name.
(4)
If a joint venture, a partnership or limited partnership,
the names of all partners, their percentage of participation and the permanent
addresses of all the stockholders and the officers and the percentage participation
of each.
(5)
The names/locations of the designated transfer station, processing facility or disposal area that the applicant will utilize for the disposal of all refuse collected and transported by him. (Said name/location to be acceptable to the Director of Health and in conformance with § 161-5 herein.)
(6)
The number of vehicles owned or controlled by the applicant
suitable for the collection and transportation of refuse or recyclables, including
license numbers and the volume in cubic yards of each.
(7)
A statement that his or her vehicles and equipment conform
to all applicable provisions of this chapter.
(8)
The location or locations where the applicant's
equipment is garaged and may be inspected by the Director of Health.
(9)
A map of each proposed collection route shown to a size
and scale suitable to the Director of Public Works, together with a listing
of names of the town roads on each route, the number of residential and commercial
customers on each route and the day of the week regular collection service
will be provided on that route. Said route listings are to be tallied to give
the total number of residential and commercial customers proposed to be served
accurately and up to the date of the application submitted.
(10)
The rate or rate schedule the applicant proposes to charge
residential or commercial customers in the Town of Mansfield.
(11)
A detailed estimate of the volume of refuse expected
to be collected and transported to a designated town disposal area for a period
of one (1) year.
(12)
The applicant's relevant municipal solid waste collection
experience.
(13)
Such other information as the Director of Health shall
require.
G.
All applications shall be accompanied by a filing fee
for each application for the issuance of a new permit, the renewal of an existing
permit or the modification of an existing permit.
H.
The Director of Health shall conduct such investigation
of each application as he or she shall deem necessary so as to be able to
recommend to the Town Manager whether said application should be granted in
whole, in part, or denied. Such recommendation shall include the Director
of Health's findings based on the information contained in the application
submitted and the applicant's relevant municipal solid waste collection
experience concerning the ability of the applicant to properly perform the
service proposed and to conform to the provisions of this chapter and the
rules and regulations of the town and his or her conclusion as to whether
the proposed service is or will be required by the present or future public
convenience and necessity.
I.
Upon receipt of the recommendation of the Director of
Health, the Town Manager may approve, either in whole or in part, or conditionally
approve the application upon finding that:
J.
Upon approval or conditional approval, the Director of
Health shall issue the appropriate permit. In the event either required finding
is not made, the application shall be denied.
K.
All collection permits issued under this chapter shall be effective for two (2) years from the date of issuance unless otherwise provided or revoked or suspended. As provided for hereinabove in Subsection E, all existing collection permits are deemed expired on July 1, 1990 or sixty (60) days after the effective date of this chapter, whichever is later, and all collectors must apply for new permits as provided for herein, or be in violation of the provisions of this chapter.
L.
No permit granted pursuant to the provisions of this
chapter shall be sold, transferred, leased, assigned, mortgaged, pledged,
hypothecated or otherwise encumbered or disposed of in whole or part, directly
or indirectly, whether voluntarily or by operation of law or through any stock
transfer, transfer in trust, change in control, consolidation or merger, without
the prior written consent of the Town Manager. The Town Manager may grant
or deny such a request or may require that the proposed transferee apply for
its own license and may impose such conditions as he or she may deem to be
in the public interest. Any disposition made without such consent shall constitute
good cause for revocation of the affected permit.
M.
Any permit issued under the provision of this chapter
may be suspended, canceled or revoked on ten (10) days' written notice
mailed to the last business address of the permittee, which shall be transmitted
by certified mail, return receipt requested, upon the following:
(1)
Any permittee fails or refuses to comply with the provisions
of this chapter, any regulations adopted by the MRRA pursuant to this chapter
or the applicable rules and regulations of the town.
(2)
The permit is not exercised for any continuous thirty-day
period.
(3)
The permittee has assigned, either voluntarily or by
operation of law, any permit issued hereunder without the prior written approval
of the Town Manager.
(4)
If the Director of Health finds that the vehicles used
or proposed to be used by the permittee for the collection and transportation
of refuse are insufficient, unfit, violate the provisions of this chapter,
violate state health code requirements or violate the town regulations adopted
in accordance with this chapter.
N.
All permittees under the provisions of this chapter shall
keep and maintain such records as the Town Manager may require to ascertain
the extent of compliance with this chapter and shall make the financial or
business records of the permittee's operation available for inspection
by the Town Manager if so requested.
O.
Each vehicle hauling refuse in the town under permit
shall carry at least a shovel, broom and appropriate type of fire extinguisher.
P.
Permittees shall arrange to have their equipment inspected
in July of each year for certification by the Director of Health that their
equipment conforms to the regulations of this chapter.
A.
The MRRA, acting by and through the Town Manager, the
Town Director of Health and the Town Director of Public Works, and their duly
authorized representatives, is hereby specifically required to enforce the
provisions of this chapter, and shall have the right to enter any and all
premises for the purpose of determining whether provisions of this chapter
are being conformed with, and any person denying or obstructing such entry
shall be in violation of this chapter.
B.
Any person who shall violate any provision of this chapter
or any provision of any regulation adopted by resolution of the MRRA pursuant
to the authority granted by this chapter shall be guilty of an infraction,
and each failure to comply and each continuing day of violation shall constitute
a separate infraction.[1]
A.
The Tax Collector, acting under the supervision and regulations
of the MRRA, shall prepare bills for solid waste or recycling collection,
transportation and disposal services, to collect the same from each of the
owners of property so served, and to deposit said revenues to the credit of
said MRRA.
B.
Bills shall be due and payable at such time as is fixed
by the MRRA. The MRRA shall have notice of the date when bills are due and
payable by direct mail along with the issuance of said bills. Bills shall
be due and payable thirty (30) days after the date said bills are mailed.
C.
Any bill for solid waste or recycling services
not paid within thirty (30) days after the due date shall be delinquent and
shall be subject to interest from such due date at the interest rate and in
the manner provided by the General Statutes for delinquent property taxes.
Each addition of interest shall be collectible as part of such bill. Whenever
any bill becomes delinquent, the interest on such delinquent bill shall be
as provided as hereinbefore, or five dollars ($5.), whichever is greater.
Any unpaid bill and any interest due thereon shall constitute a lien upon
the real estate against which the bill was made from the date of such levy.
Each such lien shall have the same priority as that accorded property tax
liens and shall be continued, recorded, collected, enforced and released by
the Tax Collector of the Town of Mansfield in the same manner as property
tax liens.
