[HISTORY: Adopted by the Town of North Haven 8-25-1988.
Amendments noted where applicable.]
GENERAL REFERENCES
Litter — See Ch. 40.
A.
In order to promote, protect and preserve the health,
safety and general welfare of the people of the Town of North Haven, hereinafter
referred to as the "municipality", it is hereby declared to be in the public
interest that the accumulation, preparation, removal, storage, collection,
transportation and disposal of solid waste be regulated so as to prohibit
the harboring and spreading of rodents and insects, to prevent the spread
of disease, to minimize the potential for air, surface and groundwater pollution
and to prevent unsightliness resulting in a reduction of the quality of life.
B.
This municipality is authorized by law to regulate the
disposition of refuse generated within its boundaries, to collect a charge
therefor and to license or permit collectors.
C.
In order to protect the public health, safety and welfare,
this municipality has executed the municipal contract dated November 22, 1985,
which provides for a long-term solid waste disposal process which will conserve
landfill space and recover energy from solid waste but will still allow the
municipality to encourage and promote recycling.
D.
The municipal contract requires this municipality to
cause all acceptable solid waste generated within its boundaries, except for
recycled materials, to be delivered to the system.
E.
The enactment of this ordinance is in furtherance of
this municipality's solid waste plan.
For the purposes of this ordinance, the following terms shall have the
meanings herein defined:
Solid waste normally collected from households and industrial and
commercial establishments for disposal at a sanitary landfill, but does not
include nonprocessible solid waste that has been properly rejected by the
company at the facility in accordance with Section 4.01 of the municipal contract
and unacceptable waste.
The date the facility is deemed accepted as provided for in Subsection
7.05(a) of the facility contract dated December 1, 1986, or the date upon
which there has been a facility buy-down under Article 9 or Article 10 thereof,
whichever occurs first.
The detailed operating plan for the facility provided for in Section
5.10 of the municipal contract.
The detailed service plan described in Section 5.10 of the municipal
contract.
Standard containers, dumpster-type containers, roll-off containers
and special containers used for the transportation, storage or disposal of
refuse consistent with the provisions of this ordinance.
The cold residue from the burning of wood, coal, coke or other combustible
materials.
Boxes, cartons, paper, trimmings and similar matter bound so as not
to exceed four feet in length and 6 1/2 feet in perimeter and which shall
not weigh over 75 pounds.
Any person, firm, corporation or the like which engages in the business
of collecting and/or removing refuse within this municipality.
Wallingford Resource Recovery Associates, L.P., or its lawful successor
under the service contract dated December 1, 1986, or the facility contract.
An approved container.
The Connecticut Resources Recovery Authority.
The Director of Public Works of this municipality or his authorized
representative.
A dumpster-type container which is designed to allow collection and
storage of refuse at a specific site, which is so constructed that the container
can be emptied by the equipment used for collection into the collection equipment
at the storage site, which has a tight-fitting cover or closure and which
is of watertight construction where intended or used for storage of garbage
or liquid wastes.
The solid waste disposal and resource recovery facility to be constructed
and operated in the Town of Wallingford, Connecticut, by the company pursuant
to the facility contract and the service contract and all appurtenant structures
and equipment.
The facility contract for design and construction of a resource recovery
facility between CRRA and the company, a copy of which is on file in the Town
Clerk's office.
All putrescible wastes except sewage and body wastes, including vegetable
and animal offal.
The Director of the Quinnipiac Valley Health District or his authorized
representative.
The Town Meeting of this municipality.
The municipal solid waste delivery and disposal contract between
CRRA and this municipality, a copy of which is on file in the Town Clerk's
office.
The Town of North Haven.
The following categories of solid waste (other than unacceptable
waste):
Street sweepings.
Noncombustible construction materials and demolition debris, including
masonry, brick and stone, structural steel, rebar and structural shapes.
Oversized bulky waste: that is, items which exceed seven feet by three
feet by five feet in size.
Tree stumps, logs, brush and combustible demolition debris which exceeds
four feet in length and four inches in diameter or four inches in thickness.
Other items not normally burned in a mass-burn facility, such as white
goods and engine blocks, the processing of which would cause damage to the
facility (except for ordinary wear and tear).
Any of the Towns of Cheshire, Hamden, North Haven and Wallingford,
the City of Meriden and any other Connecticut municipality which shall enter
into an agreement with CRRA for disposal of waste by the system, which agreement
is generally the same as the municipal contract, and any other Connecticut
municipality delivering solid waste to the system pursuant to the terms of
the municipal contract.
A person who is granted a permit by the municipality under the terms
of this ordinance during the time such permit is valid.
Any individual, corporation, partnership, association or other entity
or organization of any kind.
The foreman or other person in charge of the solid waste disposal
area.
Materials suitable for recycling.
A method of reducing the volume of wastes which results in the separation,
extraction, refinement or utilization of materials, including but not limited
to aluminum or other metal cans and products, glass, high-grade paper, newsprint
and cardboard, which may then be marketed or delivered for reuse in manufacturing
or other processes.
Garbage, ashes and rubbish, but not unacceptable waste as herein
defined.
That material remaining after the processing of solid waste at the
facility, and includes solid waste accepted but not processed at the facility.
The properly licensed and permitted site or sites specified by CRRA
to be used for the processing for disposal and/or the disposal of residue,
nonprocessible solid waste and all acceptable solid waste not accepted at
the facility.
The detailed operating plan for the residue disposal site provided
for in the service contract.
A removable container designed to be left at a location, to be filled
with refuse and then, by means of special equipment, to be transported to
another location where it is emptied for disposal of its contents.
All nonputrescible waste materials except ashes, including but not
limited to paper, cardboard, wood, glass, bedding, crockery and industrial
wastes. The term "rubbish," as used herein, shall not mean, nor shall it include
in its meaning, unacceptable waste.
The waste disposal service contract between CRRA and the company
for the processing and disposal of acceptable solid waste at the facility,
a copy of which is on file in the Town Clerk's office.
Unwanted and discarded solid materials consistent with the meaning
of that term pursuant to Section 22a-260(7) of the Connecticut General Statutes.
Semisolid and liquid materials of the type that are customarily collected
and treated in a municipal sewage and/or water treatment system are not "solid
waste" nor, for the purposes of this ordinance, is unacceptable waste.
The sanitary landfill, if any, operated by this municipality or such
other area as may be designated by the Director as a solid waste disposal
area for the disposal of refuse, but shall not include the facility or the
residue disposal site.
Any other storage container approved by the Director which does not
violate any of the provisions of this ordinance.
A watertight plastic or metal container with handles or bails, having
a tight-fitting cover, not weighing over 35 pounds when empty, not weighing
over 75 pounds when filled and not having more than a thirty-two-gallon capacity.
The State of Connecticut.
The complete resource recovery system, including the facility and
the residue disposal site, for the processing and/or disposal of acceptable
solid waste and nonprocessible solid waste.
Explosives, pathological waste, hazardous chemicals or materials, radioactive
materials, sludges, cesspool or other human waste, human and animal remains,
motor vehicles, liquid wastes and hazardous substances as defined in the Comprehensive
Environmental Response. Compensation and Liability Act, as it may be amended
from time to time hereafter, and any analogous federal, state or local law,
ordinance, rule or regulation as may be applicable at the time of delivery
of waste to the system, other than such insignificant quantities of the foregoing
as are customarily found in normal household, industrial and commercial waste
and as are permitted by law to be treated and disposed of in facilities not
specifically permitted or licensed to treat or dispose of such materials,
including hazardous substances.
Any item of waste either smoldering or on fire.
Waste in quantities and concentrations which by law require special
handling in their collection and/or processing.
All other items of waste which, at the time of delivery to the system,
would be likely to pose a threat to health or safety or would not normally
be disposed of in a sanitary landfill (except that, if such waste would be
legally processible at the facility, even though it could not be disposed
of at a sanitary landfill before being so processed, it shall not be unacceptable
waste at the facility) or would be prohibited, by any judicial decision, order
or action of any federal, state or local government or any agency thereof
or any other regulatory authority or any applicable law or regulation, from
being processed at the facility.
A.
No person within the municipality shall store or otherwise
have garbage on his property or on property in his control unless all such
garbage shall be stored on the property in a place not visible from the street
and shall be kept in approved containers, which shall be maintained in good
condition and shall be kept closed at all times. Garbage shall not be stored
by any person for more than seven days, exclusive of holidays. If special
circumstances require it, the Health Director may order a shorter time period
for storage of garbage.
B.
No person within the municipality shall store or otherwise
have rubbish and ashes on his property or property in his control unless all
such rubbish and ashes are kept in a satisfactory manner. "Satisfactory manner"
means all rubbish and ashes shall be kept in approved containers or bundles.
Rubbish and ashes shall not be stored by any person for more than 30 days.
The Health Director may, for cause shown, extend this period.
C.
Unauthorized accumulation of refuse, garbage, rubbish
and other waste material on any premises is hereby declared to be a nuisance
and is prohibited. Failure to remove any existing accumulation of the same
within seven days after notification by the Health Director shall be deemed
a violation of this ordinance, which violation shall be deemed to have caused
irreparable harm to the public health, safety and welfare.
D.
No person shall cast, place, sweep or deposit anywhere
within the municipality any refuse, rubbish or other waste material in such
a manner that it may be carried or deposited by the elements or other means
to any street, sidewalk, alley, sewer, parkway or other public place, stream
or body of water or to any other place in the municipality.
E.
No person shall combined or place refuse and unacceptable
waste in the same container. No person shall place unacceptable waste into
any container used for refuse, nor shall any person place refuse into any
container that is or has been used for unacceptable waste.
F.
Doors shall be removed from the hinges of all iceboxes,
refrigerators, freezers, stoves, other major metal appliances or other large
containers with doors affixed, prior to disposal and prior to storage in any
accessible place for collection or disposal.
G.
Approved containers may be placed at the curbside no
more than 24 hours prior to collection, and any empty containers shall be
removed from the curbside or street no more than 24 hours after collection.
A.
No person other than this municipality shall engage in
the business of collection, storage or removal of refuse in this municipality,
unless such person shall first apply for and obtain a permit from the Director.
B.
Collectors shall keep their premises neat and orderly
and shall keep all vehicles, containers and equipment in good and sanitary
condition, and said vehicles, containers and equipment shall be constructed,
equipped, maintained and operated so as to permit no loss of refuse, including
liquid waste, therefrom when said vehicles are being used; provided, however,
that any vehicle to be used for the sole purpose of transporting rubbish,
as defined in this ordinance, shall not be required to be constructed or operated
to prevent the escape of liquid wastes. All vehicles and containers shall
have canvas or other suitable covers approved by the Health Director.
C.
The transportation of refuse by any person, whether or not a collector, shall be subject to the provisions of § 127-4B.
D.
No person shall transport unacceptable waste to the solid
waste disposal area.
E.
Pursuant to the provisions of the municipal contract,
the First Selectman may designate routes for the transportation of refuse
and/or residue by persons from participating municipalities. Persons transporting
refuse or residue shall use only such designated routes.
F.
Upon the recommendation of the First Selectman, the Board
of Selectmen shall take such measures as it deems effectual for the removal
or collection of garbage, rubbish and other waste materials from the municipality
and may, in such years when a determination and sufficient appropriation for
the same has been made for such purpose, employ or make contracts with one
or more persons or corporations for the removal or collection of garbage,
rubbish or other waste material under the direction of the Director. Before
such employment or contract begins, the Board of Selectmen shall, by resolution
upon recommendation by the First Selectman, adopt regulations concerning collection
which shall state the area from which refuse shall be collected, the method
and frequency of collection, bonding requirements and all other regulations
required for the health, welfare and safety of municipal residents.
A.
Any person residing or having a place of business in the municipality shall be responsible for the removal of his refuse to a lawful place for disposal either by himself or by a lawful collector or, if the municipality elects to provide collection service, by the municipality. Refuse shall be disposed of at regular and frequent intervals but in no event less frequently than prescribed in § 127-3 of this ordinance.
B.
No refuse collected, generated or disposed of in this
municipality shall be deposited for disposal except at such sites and under
such conditions as may be approved by the Director.
A.
The solid waste disposal area shall be open during such
hours as may be designated by the Director, and no dumping shall be permitted
except at such designated times.
B.
Any person intending to unload at the solid waste disposal
area shall follow the instructions of the person in charge.
C.
No appliances, white goods, recyclable salvage material,
tires, construction or demolition material, debris from a structure fire,
trees, stumps, limbs or trunks of trees shall be dumped at the solid waste
disposal area until the person in charge is notified of such items. The person
in charge will direct the person transporting such material as to where the
material can be dumped. The approved site for such material may be other than
the solid waste disposal area.
D.
No person shall bring flammable powders or other combustible
materials or substances which have a low flash point to the solid waste disposal
area.
E.
Without prior written permission from the Director, no
person shall dispose of storage barrels, drums or other similar containers
at the solid waste disposal area, unless such containers are completely emptied
and crushed flat prior to disposal.
F.
The following materials shall be considered to be unacceptable
for disposal at the solid waste disposal area: unacceptable waste; rock ledge,
stones, rocks and boulders or fragments thereof whose largest dimension is
in excess of 10 inches; and materials which have not been prepared for collection,
collected or transported in accordance with this ordinance.
G.
No person shall bring to or discharge at the solid waste
disposal area any material of any nature which was picked up by such person
outside the limits of the municipality. The Director shall have the right
to inspect the contents of any vehicle or container brought to the solid waste
disposal area. Each piece of refuse brought into the solid waste disposal
area in violation of this ordinance constitutes a separate violation of this
ordinance.
H.
There shall be no scavenging at the solid waste disposal
area.
I.
The Board of Selectmen may, upon recommendation of the
Director, establish by resolution a fee schedule which requires payment by
weight or volume for various categories of refuse deposited at the solid waste
disposal area.
J.
The use of the municipal solid waste disposal area shall
be at a person's or his agent's risk and shall be subject to the
following conditions: In consideration of the grants and privileges to use
the municipal waste disposal area, the person or his agent shall, as a condition
precedent, release the municipality from any right of action, claim or demand
which may otherwise accrue to him by reason of the loss of any of his property
while in, upon or about the premises at any municipal solid waste disposal
area and further agrees for such consideration to indemnify the municipality
and save it harmless from all claims, demands, actions, costs and charges
to which the municipality may be subject or which it may have to pay by reason
of injury to any person or property or loss of life or property suffered or
sustained by any said person or agent while in, upon or about the premises
of the municipal solid waste disposal area.
K.
Materials governed by the Public Health Code of the State
of Connecticut and designated by the Health Director as contaminated and condemned
shall be destroyed under the supervision of the Health Director.
L.
Any person delivering refuse to the solid waste disposal
area may be required to show identification in such form as is approved by
the Director and which may include a sticker or other identification to be
displayed on each vehicle.
M.
If this municipality establishes a transfer station for use after the actual acceptance date, the provisions of this § 127-6 shall apply to the use of the transfer station, except that no collector or person doing business in this municipality shall deliver to the transfer station refuse from commercial collection or from said business.
A.
Any person using the system shall comply with any rules established by the company for use of the facility, rules established by CRRA for use of the residue disposal site, the municipal contract, the collector contract, the annual operating plan, the annual residue disposal site operating plan, the annual service plan and any regulations promulgated by the municipality pursuant to Subsection B.
B.
If, in his opinion, it is necessary or desirable to do
so for the sake of clarity or to protect the interests of the municipality,
the Director may prepare municipal regulations governing the use of the system,
with the approval of the First Selectman and the Town Attorney. Such regulations
shall be effective when they are approved, a copy of such regulations has
been delivered by certified mail to each of the persons possessing a permit
hereunder and a copy of such regulations has been placed on file with the
Town Clerk.
C.
Any person using the system shall report refuse collected
or generated within the limits of this municipality as being from this municipality
to the system operators and shall report any refuse collected or generated
outside the limits of this municipality as being from the city or town in
which it was collected.
D.
Any person shall deliver to the facility all acceptable
solid waste generated within municipal boundaries, except presegregated recyclable
materials, to the extent requested by the Director in accordance with a plan
developed by CRRA and the company for use in start-up and acceptance testing
of the facility by the company. The Director will notify such person at least
15 days prior to start-up and acceptance testing of the expected need for
such waste. The Director shall give such person at least one day's prior
notice of the specific amount of and the time schedule for the delivery of
acceptable solid waste to the facility during this period.
E.
Commencing on the actual acceptance date, all persons
shall deliver or cause to be delivered to the system, pursuant to the terms
of the municipal contract, all of the acceptable solid waste generated within
the boundaries of this municipality except presegregated recyclable materials.
F.
No person shall deliver any waste material to the system
which was collected, generated or removed from a location outside the limits
of the participating municipalities, nor shall any person deliver unacceptable
waste to the system unless such delivery is permitted pursuant to Section
9.16 of the municipal contract.
Nothing in this ordinance is intended to preclude or discourage recycling.
The Board of Selectmen may, upon the recommendation of the First Selectman,
establish by resolution a mandatory or voluntary recycling program. Such resolution
will, at a minimum, specify materials to be segregated from other solid waste,
methods of segregation, methods of collection and the delivery point of segregated
materials for recycling. Any fees charged at the delivery point may be approved
by resolution.
A.
Required documents and information.
(1)
In order to qualify for a permit, an applicant must present
documents and information to the Director to assure the municipality that
the applicant possesses the financial and other qualifications and has available
the necessary equipment to adequately perform the service of collection, transportation,
storage and removal of refuse. Such documents and information shall include
but not be limited to the following:
(a)
Certificates of insurance showing coverage satisfactory
to the Director.
(b)
A certificate declaring, under penalty of false statement
as provided in the General Statutes of the State of Connecticut, that no person,
partner, joint venturer, employer, principal, agent or shareholder associated
with the applicant has violated this ordinance or the collector contract within
the past 12 months or is under a period of permit suspension or revocation
at the time of application or a statement completely and accurately describing
any such suspension, revocation, violation or alleged violation.
(c)
A list of the names and addresses of any and all persons
owning an interest in the applicant's business.
(d)
A description of the area served by the applicant by
street names or a map marked to show the area and streets served.
(e)
A list of the names and addresses of the applicant's
customers residing or located within this municipality.
(f)
A list of collection equipment and the capacity of such
equipment for all equipment owned or leased by the applicant at the time of
application or upon acquisition thereafter, including containers, used or
intended to be used in this municipality for collection, transportation or
storage of refuse and the capacity and location of each such container.
(g)
A certification that all collection and transportation
vehicles and equipment used or intended to be used by the applicant in this
municipality for collection, transportation or storage of refuse comply with
all applicable safety requirements.
(h)
Proof of compliance with any bond or other financial
security required by the municipal contract.
(2)
As a further condition precedent to issuance of a permit, the applicant must number all vehicles and containers used or intended to be used for the collection, transportation or storage of refuse within this municipality. The applicant shall be further required to notify the Director in writing, within 15 days, of any changes with regard to such information, except that the list of names and addresses required under Subsection A(1)(e) shall be updated and submitted to the Director no less often than quarterly, provided that there are any changes to such list.
B.
No person shall be issued a permit hereunder unless each
collection vehicle, roll-off container, dumpster-type container or other container
used by such person in the collection or storage of refuse has been inspected
and approved by the Health Director and the Chief of Police or his authorized
representative. Upon a satisfactory inspection of all such vehicles and containers,
the Health Director and the Chief of Police or his authorized representative
shall sign the application form evidencing the applicant's compliance
with this section. Each vehicle and all equipment used by any collector shall
be subject to inspection at any time by the Director, the Health Director
or the Police Chief or his authorized representative.
C.
Only one permit may be issued to each applicant hereunder,
whether such applicant is an individual, partnership or corporation and regardless
of the number of vehicles such applicant uses in the collection of refuse.
D.
No permit except a temporary permit shall be issued after
June 30, 1988, unless the applicant has signed a collector contract committing
him to take proper responsibility for his actions as a designee of the municipality
under the terms of the municipal contract. Such collector contract shall be
prepared by the Town Attorney with the approval of the First Selectman and
the Director and shall include language requiring liquidated damages as compensation
for damages to the municipality caused by any violation by the applicant of
contracts or rules regarding the system or any regulations promulgated by
the municipality.
E.
The Director may issue short-term temporary permits which
shall have a duration of not more than two weeks.
F.
All permits, except for temporary permits, issued hereunder
shall be valid for a period of one year from July 1 of each year. All permittees
shall cause such permit identification as is required by the Director to be
displayed conspicuously, in the manner prescribed by the Director, on each
vehicle and container used in this municipality in the business of collection,
storage or transportation of refuse.
G.
Each applicant for a permit hereunder shall pay a fee
for such permit and inspections, which fee shall be set as part of a fee schedule
to be established by resolution of the Board of Selectmen upon the recommendation
of the Director. The permit fee may be based on the number of vehicles and
containers used by the applicant and the capacities of such vehicles or containers.
No proration of such fees shall be allowed for late registration.
H.
When any permittee shall sell or transfer all or part
of his business, it shall be the obligation of both the permittee and the
purchaser or transferee to notify the Director, in writing, of such sale or
transfer no later than 24 hours after completion of said transaction. No prorated
refunds shall be issued.
J.
No permit shall be issued to any applicant if any person,
partner, joint venturer, employer, principal or agent associated with the
applicant, shareholder who owns more than 10% of such applicant's stock
or employee having some responsibility for the applicant's business is,
at the time of application, associated with any person, collector or other
business which is under a period of permit suspension or revocation in accordance
with the terms of this ordinance or has been associated with any such person,
collector or other business during a period of suspension or revocation of
the permit of such person, collector or other business, which suspension or
revocation remains in effect at the time of application.
K.
Permits granted hereunder shall not be transferable or
assignable.
A.
Whenever the Director has reasonable grounds to believe that there has been a violation of any provision of this ordinance, he shall give notice of such violation to the person responsible therefor. Such notice shall be delivered either by hand or by certified mail to the last known address of the permittee, shall include a statement of the violation(s) and shall allow a reasonable time to remedy the violation(s). If corrective action is not taken within the time period allowed, the Director may take such action as is appropriate under § 127-11 of this ordinance and may cause the violation to be corrected and bill the person for the cost thereof.
B.
Whenever the Health Director finds that a situation exists
involving the collection, storage, transportation or disposal of refuse which
endangers the public health, he may, as an emergency measure, correct the
same without any notice to the owner or occupier of the premises, and, upon
completion of the work, he shall determine the reasonable cost of the work
and bill the owner or tenant therefor. Such cost shall constitute a lien on
the property on which the corrective measure is taken.
C.
Failure to pay any disposal fee established by this municipality
or by CRRA shall be considered a violation of this ordinance after any invoice
for payment remains outstanding for more than 30 days. As soon as he becomes
aware of it, the Director shall give written notice of this violation to the
violator.
D.
Provision of any false information, certifications or
documents shall be deemed a violation of this ordinance.
E.
In addition to any other penalties provided elsewhere
in this ordinance, any person violating any provision of this ordinance shall
be fined not more than $100 for each separate violation.
A.
A permit may be revoked because of a violation of any of the provisions of this ordinance or any of the various plans, rules, regulations or contracts governing the use of the system. At the time the Director becomes aware of a violation, he shall give notice as specified in § 127-10A. If the violation is not corrected within the specified period, the Director shall impose penalties and collect damages as provided for in this ordinance and the collector contract.
B.
The Director shall temporarily suspend a permit if any
portion of any valid bill from the municipality, CRRA or the company remains
unpaid by the permittee 45 days after the billing date. He shall revoke the
permit for one year if the permittee has filed to pay the bill in full within
60 days of the billing date. If the bill has not been paid in full by the
end of the one-year revocation period, the Director shall permanently revoke
any future permit rights.
C.
The Director shall suspend the permit of any permittee
who is refused the right to use the facility or the residue disposal site
for so long as the permittee is refused the use of the facility or the residue
disposal site.
D.
The Director shall revoke for one year the permit of any person who violates the provisions of § 127-6G. 127-7E or F or 127-10D.
E.
If a permittee should willfully, intentionally or through
gross negligence deliver unacceptable waste to the system or the solid waste
disposal area, except such unacceptable waste as may be allowed by the company
or CRRA pursuant to Section 9.16 of the municipal contract, his permit shall
be permanently revoked.
F.
Upon revocation or suspension of a collector's permit,
no vehicle or container of the collector may be used for the collection or
storage of refuse within this municipality, and no vehicle or container of
the collector shall be allowed access to the solid waste disposal area or
to the system until such permit has been reinstated or a new permit has been
issued.
G.
Any person aggrieved by a decision to suspend or revoke a permit may, within seven days of the date of such notice, appeal such decision by submitting a written request for a hearing. If such suspension or revocation was for reasons other than those specified in Subsection B, C, D or E, the suspension or revocation shall not take effect until after the requested appeal hearing is held.
H.
The Board of Selectmen shall appoint an Appeals Board
to hear such appeals as may be requested under this section.
I.
If any permittee notified of a violation shall request an appeal hearing, the Appeals Board shall conduct a hearing within 10 days of the request. The Board shall render a ruling within five days after the final day of the hearing, which ruling may sustain, modify or reverse the decision of the Director. If the ruling of the Board is in favor of the permittee and the reason for the hearing was other than that specified in Subsection C, the permit shall be reinstated in accordance with the ruling. If the reason for the hearing was that specified in Subsection C and if the ruling is favorable to the permittee, the Director shall negotiate with the company or CRRA for reinstatement of the right to use the facility or the residue disposal site, but the permit shall not be reinstated until the person possessing the permit is allowed to use the facility or the residue disposal site.
This ordinance is authorized pursuant to Sections 7-148, 22a-220, 22a-220a
and 22a-221 of the General Statutes of the State of Connecticut, as amended.
Should any provision of this ordinance be declared invalid for any reason,
such declaration shall not affect the validity of other provisions or of this
ordinance as a whole, it being the legislative intent that the provisions
of this ordinance shall be severable and that the balance of this ordinance
shall remain valid notwithstanding such declaration.
Any prior ordinances adopted by this municipality regarding collection,
storage and disposal of refuse, except junk automobiles, or use of the solid
waste disposal area are hereby repealed.
