[Adopted 7-19-1980 (Ch. 12 1/2 of the 1974 Code)]
The purpose of this article is to regulate the
storage, collection, transportation, processing and disposal of solid
waste; to provide for collection and disposal of solid waste; to provide
a penalty for violation of the provisions of this article; and to
repeal all ordinances in conflict herewith.
Unless the context specifically indicates otherwise,
the meanings of the terms used in these regulations shall be as follows.
"Shall" is mandatory; "may" is permissive.
An incinerator which complies with all current regulations
of the responsible local and state air pollution control agencies
and is licensed by the Town.
Nonputrescible solid waste consisting of combustible and/or
noncombustible waste materials from dwelling units and commercial,
industrial, institutional, or agricultural establishments which are
either too large or too heavy to be safely and conveniently loaded
in solid waste transportation vehicles by solid waste collectors with
the equipment available therefor.
Removal of solid waste from its place of storage to the transportation
vehicle.
Solid waste resulting from the operation of any commercial,
industrial, institutional or agricultural establishment and multiple-housing
facilities with five or more dwelling units.
A person who collects and transports solid waste from any
location to the Town solid waste facility for a fee.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The Director of Public Services, or his authorized representative.
A disposable plastic or paper sack specifically designed
for storage of solid waste.
Any room or group of rooms located within a structure and
forming a single habitable unit, with facilities which are used, or
are intended to be used, for living, sleeping, cooking and eating.
The solid waste facility.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food.
A housing facility containing more than one dwelling unit
under one roof.
Any person who, alone or jointly or severally with others,
shall be in actual possession of any dwelling unit or of any other
improved real property, either as an owner or as a tenant.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, political
subdivision, or organization of any kind, or his or its legal representative,
agent or assigns.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Solid waste.
Solid waste resulting from the maintenance and operation
of dwelling units, including multiple-housing facilities with four
or fewer dwelling units.
Unwanted or discarded waste materials in a solid or semisolid
state, including but not limited to garbage, ashes, street refuse,
rubbish, dead animals, animal and agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes.
A receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular the final deposition of solid waste by man.
The Town transfer station, including the special wastes disposal
site.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Green or dead brush, leaves, clean fill, scrap metal and
white goods, tires, bulky items and items such as furniture, mattresses,
rugs and similar nonmetallic items.
Keeping, maintaining or storing solid waste from the time
of its production until the time of its collection.
Town of Ridgefield, Connecticut.
The transporting of solid waste from the place of collection
or processing to a solid waste processing facility or solid waste
disposal area.
Grass clippings, leaves, tree trimmings, weeds, garden plants,
shrubs, branches, limbs, brush and similar materials grown on and
emanating from premises within the Town.
[Amended 11-4-1985, 8-11-1993]
It shall be unlawful for any person to:
A.
Dispose of solid waste generated outside the corporate
limits of the Town at any location within the corporate limits of
the Town unless written permission has been given by the Board of
Selectmen.
B.
Dispose of solid waste generated inside the corporate
limits of the Town of Ridgefield at any facility or location within
or outside the corporate limits of the Town other than the Town solid
waste facility unless approved in writing by the Board of Selectmen.
C.
Deposit solid waste in any solid waste container other
than his own, without the written consent of the owner of such container
and/or with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal.
D.
Burn solid waste unless an approved incinerator is
provided or unless a variance has been obtained from the appropriate
air pollution control agency.
E.
Engage in the business of collecting, transporting,
processing or disposing of solid waste within the corporate limits
of the Town without a permit from the Board of Selectmen, or operate
under an expired permit, or operate after a permit has been suspended
or revoked.
F.
Fail to take corrective measures ordered by the Town Director of Public Services under authority of § 305-14A.
G.
Engage in the business of collecting, transporting,
processing or disposing of solid waste between the hours of 11:00
p.m. and 6:00 a.m.
A.
The Board of Selectmen shall make, amend, revoke and
enforce reasonable and necessary rules and regulations governing solid
waste management in the Town.
B.
A copy of any and all rules and regulations made and
promulgated under the provisions hereof shall be filed in the office
of the Town Clerk.
[Amended 6-17-1982]
A.
The occupant of every dwelling unit and of every governmental,
institutional, commercial or business, industrial or agricultural
establishment producing solid waste within the corporate limits of
the Town shall:
(1)
Provide sufficient solid waste containers for the
storage of all solid waste, except bulky rubbish and demolition and
construction waste, to serve each such dwelling unit and/or establishment.
(2)
Place all solid waste to be collected in solid waste
containers, except as otherwise provided herein.
(3)
Keep such containers covered at all times except when
depositing waste therein or removing the contents thereof.
(4)
Maintain such containers at all times in good repair.
(5)
Maintain such containers and the area surrounding
them in a clean, neat and sanitary condition at all times.
B.
Residential solid waste containers shall be stored
upon the residential premises. Commercial solid waste containers shall
be stored upon private property unless the owner shall have been granted
written permission from the Town to use public property for such purposes.
The storage site shall be well drained and fully accessible to collection
equipment, public health personnel and Fire Department personnel.
C.
Tree limbs less than four inches in diameter and brush
shall be securely tied in bundles not larger than 36 inches long and
18 inches in diameter.
D.
Yard wastes shall be stored in containers so constructed
and maintained as to prevent the dispersal of waste placed therein
upon the premises served, upon adjacent premises, or upon adjacent
public rights-of-way. The weight of each individual container and
contents shall not exceed 75 pounds.
Commercial solid waste collectors, permitted
by the Town, shall be responsible for the collection of solid waste
from the point of collection to the transportation vehicle, provided
that the solid waste was stored in compliance with this article. Any
spillage or blowing litter caused as a result of the duties of the
solid waste collector shall be collected and placed in the transportation
vehicle of the commercial solid waste collector.
A.
All transportation vehicles, owned by the Town or
others as commercial solid waste collectors, shall be maintained in
a safe, clean and sanitary condition and shall be so constructed,
maintained and operated as to prevent spillage of solid waste therefrom.
All vehicles to be used for transportation of solid waste shall be
constructed with watertight bodies and with covers, which shall be
an integral part of the vehicle or which shall be a separate cover
of suitable material with fasteners designed to secure whenever the
vehicle is transporting solid waste, or, as an alternate, the entire
bodies thereof shall be enclosed, with only loading hoppers exposed.
B.
All such vehicles may be inspected by the Town Sanitarian
before a Class C permit or renewal thereof shall be issued.
C.
Town-owned vehicles may be used to haul solid waste
to the facility when public necessity requires it or to haul solid
waste generated by Town government operations.
[Amended 11-28-1983; 11-4-1985]
A.
Pursuant to authority granted to the Town of Ridgefield
by Connecticut Public Act Nos. 83-120 and 85-334,[1] solid waste generated by any person within the corporate
limits of the Town shall be deposited for disposal at the Town solid
waste facility, and disposal at any other area either within or outside
the boundaries of the Town is prohibited unless approved in writing
by the Board of Selectmen. The following materials, however, shall
not be accepted at the Town solid waste facility:
(1)
Contaminating liquids.
(2)
Products of clearing, demolition, excavation, construction
or reconstruction of any state or interstate road or highway.
(3)
Toxic or radioactive materials, dangerous chemicals,
explosive wastes, inflammables, pathological wastes, pesticides and
pesticide containers, liquid waste, sewage, and sludge from septic
systems.
[1]
Editor's Note: See C.G.S. § 22a-220.
B.
Certain wastes may be classified as special wastes
which will require special handling at the facility and shall be disposed
of only in a manner acceptable to the Board of Selectmen and which
will meet all local, state and federal regulations.
C.
Solid waste generated by any person outside the corporate
limits of the Town may be deposited at the facility with the written
permission of the Board of Selectmen, except as provided hereinafter.
Any such person shall be subject to all the provisions of this article.
No Class A permits shall be issued to nonresidents of the Town.
D.
When another subdivision of the state is allowed to
deposit solid waste it shall be on the basis of a contract with such
other subdivision which shall be approved by the Board of Selectmen
and ratified by the Town Meeting.
[Amended 8-8-1983]
The Board of Selectmen shall semiannually determine
the amount of any toll, fee, charge or other rate to be paid under
this article. Any such toll, fee, charge or other rate shall be a
fair and reasonable sum based on:
[Amended 6-17-1982; 8-8-1983]
A.
Required. Admission to the Town solid waste facility
for the purpose of dumping or disposing of solid waste shall be by
motor vehicle permit issued by the Board of Selectmen.
B.
Class A permits. A Class A permit shall be required
for admission to the Town facility by any person who conveys solid
waste collected and/or accumulated on his or her premises within the
corporate limits of the Town to the facility in a motor vehicle registered
as a passenger motor vehicle. No Class A permit shall be issued for
any van-type vehicle which is manufactured, designed or equipped in
such manner that its primary use might be the transportation of cargo
rather than persons, and no Class A permit shall be issued for any
open or covered bed pickup-type vehicle. A Class A permit may be obtained
by the property owner or his or her agent at the office of the First
Selectman upon presentation of proof of residency in the Town of Ridgefield.
All Class A permit vehicles shall be admitted to the facility only
through the tollgate; provided, however, that when such vehicle is
towing a trailer, such vehicle shall be treated as a Class B permit
vehicle. Tokens issued by the Town of Ridgefield shall be used to
pay any toll. Any vehicle with a Class A permit may be weighed and,
if found to be carrying more than 100 pounds of solid waste or combination
of solid waste and yard waste, shall pay the appropriate charge based
on the then prevailing rate. Such charge shall be paid on site by
either check or currency. No tokens will be accepted as payment for
such overweight charges unless the Board of Selectmen specifically
provides for so doing in the rules and regulations.
C.
Class B permits. A Class B permit shall be required for admission to the facility by any motor vehicle not having a passenger motor vehicle registration and by any van-type vehicle as defined in Subsection B hereinabove, and by any open or covered bed pickup-type vehicle, whether or not such vehicles are registered as passenger motor vehicles. Application for such permit shall be made by the property owner or his or her agent on a special form furnished by the Town and to be filed at the office of the First Selectman.
D.
Class C permits. A Class C permit shall be required
for admission to the facility of any motor vehicle owned and operated
by the Town or a commercial solid waste collector in connection with
his business. Application for such permit shall be made by the owner
or his agent on a special form furnished by the Town and filed at
the office of the First Selectman.
E.
Fee for Class B or C permit. The fee for a Class B
or Class C permit shall be paid to the Town Treasurer at the time
the application is filed. In addition, an applicant for a Class C
permit shall deposit with the Treasurer a sum of money equivalent
to the charge per ton multiplied by the estimated average monthly
tonnage to be collected. The deposit shall be returned to a Class
C permit holder if he or she made full payment of all charges promptly
as and when due for the twelve-month period next preceding. The Board
of Selectmen shall have the right to require a new deposit at any
time.
F.
Replacement; transfer. If a Class B or Class C motor
vehicle permit is lost, misplaced or mutilated, there shall be a charge
for each replacement which shall be paid by the owner to the Town
Treasurer prior to the issuance of the same. The owner shall not transfer
the permit issued for one vehicle to any other vehicle.
[Amended 6-17-1982; 8-8-1983]
A.
All motor vehicles with Class B or Class C permits
shall weigh in at the facility scale before dumping or disposing of
solid waste.
B.
In addition to a Class B or Class C permit fee, the
owner of any such vehicle shall be charged an additional sum based
on the net weight of each load. Said sum shall be computed on the
basis of the charge per ton, but in no event shall the charge be less
than the minimum 100 pounds per vehicle. All charges shall be paid
whether by check or United States currency at the time the charge
is incurred, except that the Board of Selectmen may provide for monthly
billing and set a fee for such service. This provision shall become
effective upon vote of the Board of Selectmen.
C.
Class C permit holders shall be billed monthly and
shall pay the amount due to the Treasurer, Town of Ridgefield, no
later than 30 days subsequent to the date of the mailing of the bill.
If the bill is not paid within 30 days, subsequent to said mailing
date, the permit holder's right of access to the facility may be suspended
until said bill is paid. The Board of Selectmen shall set a fee for
monthly billing of Class C permit holders.
[Amended 11-4-1985]
A.
In order to ensure compliance with this article and
the rules and regulations authorized herein, the Director of Public
Services of the Town of Ridgefield is authorized to inspect all phases
of solid waste management within the Town. No inspection shall be
made of any premises unless authorized by the occupant or by due process
of law. In all instances where such inspections reveal violation of
this article or the rules and regulations authorized herein for the
storage, collection, transportation, processing or disposal of solid
waste, the Director shall issue written notice for each such violation
stating therein the violation or violations found, the time and date,
and the corrective measure to be taken, together with the time in
which the corrections shall be made.
B.
Failure to take corrective measures within the time specified shall constitute a prohibited disposal practice. In addition, in all cases where the corrective measures have not been taken by the holder of a Class C permit or where such a permit holder is in violation of § 305-13 or has been convicted of multiple offenses of § 305-5A, B, C, D and/or F, the Board of Selectmen may suspend or revoke the permit or permits involved in the violation.
[Amended 11-4-1985]
A.
Any person who feels aggrieved by any notice of the
Director of Public Services or any suspension or revocation of permit
or permits may, within 15 days from the date of issuance of the notice,
suspension or revocation, make appeal to the Board of Selectmen. The
appeal shall be in writing, stating the basis of the aggrievement,
and directed to the First Selectman. Within 30 days from receipt of
an appeal the First Selectman shall schedule a hearing on the appeal,
which hearing shall be scheduled within said thirty-day period, before
the Board of Selectmen. Notice of the time and place of hearing shall
be given in writing to the aggrieved party at least seven days prior
to the proposed hearing. The aggrieved party shall be allowed to be
represented by counsel, and the rules of evidence shall be liberally
construed.
B.
Any person violating any of the provisions of this
article, or any lawful rules and regulations promulgated pursuant
thereto, upon conviction, shall be punished by a fine of not more
than $100 per violation, with each day constituting a separate offense
in the case of unabated standing violations.[1]
[Amended 3-17-2010]
[Added 3-28-1990]
A.
Every occupant of a dwelling or dwelling unit shall
store and discard in a clean, sanitary and safe manner all his refuse,
garbage and any other organic waste which might provide food or harborage
for rodents and insects. Containers used for storage pending collection
shall be secure against entry by insects and rodents and shall be
watertight. Nothing herein shall be construed to prohibit mulch piles,
compost heaps, and other environmental decomposition methods, provided
that they are conducted in a clean, sanitary and safe manner and in
such a way as not to constitute a public nuisance or a private nuisance
to neighbors and adjoining landowners.
B.
Every owner of a dwelling containing three or more
dwelling units shall supply facilities or containers for the sanitary
and safe storage and/or disposal of rubbish and garbage by the occupant
of said dwelling unit. In the case of single- or two-family dwellings
it shall be the responsibility of the occupant to furnish such facilities
or containers.
[Added 3-28-1990]
Upon the failure of the owner or occupant to
remove or have removed accumulated garbage, rubbish, rags, tin cans,
paper, empty barrels, boxes, furniture or any material which, because
of its character, condition or improper storage, may invite the breeding
of insects or rodents, or which may in any other manner prejudice
the public health or safety or generally create a public nuisance,
whether the premises is vacant or inhabited, the Director of Health
of the Town may, by written notice mailed or delivered to the owner
or occupant of such land, order and direct such owner or occupant
to remove such accumulated materials and may in such notice direct
the manner of removal.
[Added 3-28-1990]
A.
The Director of Health of the Town may, if the owner or occupant of such land fails to comply with the Director's order pursuant to § 305-17 for the removal of accumulated garbage or refuse within the time specified in the order, or within 10 days of the delivery of such notice if no time for removal is specified therein, enter upon such land and remove said materials, and the expense thereof shall be reported to the Board of Selectmen by the First Selectman and such cost of removal shall be collected by the Tax Collector of the Town.
B.
No action for trespass shall lie against the Director of Health or any of his agents for any act in furtherance of the purpose of reducing or eliminating any public health or safety hazard or nuisance as defined in § 305-16 above. The procedure in this section shall be in addition to and independent of the penalty provided in C.G.S. § 19a-206.
