[Adopted 12-13-1990 (Ch. 11 1/2 of the 1974 Code)]
There is hereby established a program for the mandatory separation of recyclables from garbage or rubbish within the Town to comply with Public Act No. 90-220[1] and its subsequent regulations mandating recycling, thereby providing for the health and welfare of the citizens of the Town.
[1]
Editor's Note: See C.G.S. § 22a-220 et seq.
All recyclables under the requirements of this article shall henceforth be removed and separated from the requirements of the Solid Waste Ordinance located at Article II of this chapter. The Solid Waste Ordinance shall remain in full force and effect relative to all solid waste not designated as recyclables.
As used in this article, the following terms shall have the meanings herein defined:
BOARD
The Board of Selectmen of the Town. When used in reference to a voting body, it shall be taken to include the phrase "or a majority thereof."
CARDBOARD
Corrugated boxes and similar material and kraft paper materials which are unwaxed and have a minimum of contamination by food or other material.
COLLECTOR
Any person who holds himself out for hire to collect recyclables from residential, commercial, industrial or other sources. Collectors shall include solid waste haulers who deal also with recyclables.
COMMINGLED
Mixed recyclables that are collected together.
DIRECTOR
The Director of Public Works of this municipality or his authorized representative.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package food products suitable for human or animal consumption with a minimum of contamination by food or other materials.
HOUSATONIC RECYCLING REGION
A region consisting of those municipalities which are participating in a regional recycling program under the management of the HRRA.
HRRA
Housatonic Resources Recovery Authority.
IPC
Intermediate processing center which receives, processes and markets recyclables.
MANDATED RECYCLABLES
Those recyclables which have been designated by the Department of Environmental Protection and any additional items which have been designated by the Board that are mandated to be recycled within the municipality. Those items currently designated as mandated are as follows:
A. 
Cardboard.
B. 
Glass food containers.
C. 
Metal food containers.
D. 
Newspapers.
E. 
Office paper.
F. 
Scrap metal.
G. 
Storage batteries.
H. 
Waste oil.
METAL FOOD CONTAINER
An aluminum, bimetal, tin-plated steel, or other metallic can, plate or tray of any size used to package food for human or animal consumption which has a minimum of contamination by food or other materials.
MUNICIPAL AGENT
The person designated by the Board to administer the notice and enforcement provisions of this article.
MUNICIPALITY
The Town of Ridgefield, Connecticut.
NEWSPAPER
Used or discarded newsprint (newspaper advertisements, supplements, comics, and newsprint-type enclosures) which has a minimum of contamination by food or other material.
OFFICE PAPER
Any used or discarded high-grade white paper and manila paper, including but not limited to paper used for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination.
PERSON
Any individual, corporation, partnership, association, or other entity or organization, either public or private, of any kind.
RECYCLABLES
Any item designated by the Department of Environmental Protection or Board which can be separated or diverted as defined below under "recycle."
RECYCLE
To separate or divert an item or items from the solid waste stream for the purposes of processing it, causing it to be processed, or storing it for later processing into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment. Nothing in this definition shall preclude the use of waste oil as a fuel in an oil burner, or scrap tires as fuel in an incinerator.
RECYCLING CENTER
The Ridgefield recycling center located at South Street, Ridgefield, Connecticut.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, but shall not include hospitals, motels, hotels, nursing homes or congregate housing.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, lead, chromium, iron, nickel, or alloys thereof, including but not limited to white goods and metal food containers.
STORAGE BATTERY
Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
A. 
Separation. On or after January 1, 1991:
(1) 
Each person who generates solid waste from residential property within the municipality shall separate from other solid waste those items designated as mandatory recyclables; and
(2) 
Every other person who generates solid waste shall make provision for the separation from other solid waste of those items designated as mandatory recyclables.
B. 
Processing. Any collector or person transporting mandated recyclables from the source of separation shall transport said recyclables to the Ridgefield recycling center or to any such other recycling facility as may comply with the reporting and other requirements of § 8 of Connecticut Public Act No. 90-220. Persons generating solid waste from residential property and utilizing the services of a collector shall separate their solid waste from recyclables before giving their recyclables to the collector. Collectors shall have the responsibility to visually inspect recyclables to determine the absence of nonrecyclable solid waste. Recyclables shall not be taken to the Town solid waste facility, and solid waste containing measurable recyclables will be rejected.
C. 
Glass and metal food and beverage containers. Glass and metal food containers shall be treated as a single product for collection and shall be rinsed and free of contamination, but without requiring the removal of labels. Glass shall be unbroken and shall not include dishes, crockery, spark plugs, or plate or window glass.
D. 
Newspaper. Newspaper shall be tightly packed in brown grocery bags or tied in bundles not exceeding 50 pounds in weight.
E. 
Corrugated cardboard. Corrugated cardboard must be flattened and tied into bundles not exceeding 50 pounds in weight.
F. 
Multifamily collection.
(1) 
It shall be the responsibility of the person having custody and control of multifamily residential dwelling units to educate the tenants to the need and techniques of recycling.
(2) 
In multifamily dwelling units, it shall be the responsibility of the owner, or the person or entity having custody and control, to provide, at a convenient location, containers of sufficient size and quantity to receive the recyclable materials to be collected from the dwelling units they are intended to serve and to clearly label those containers for their intended use. Such containers shall provide for ensuring a minimum of contamination of the recyclables. Said containers may be provided by recyclable collectors as may be contracted between the parties.
G. 
Recyclables from outside the municipality. The dumping or disposal of recyclables at the Ridgefield recycling center from a source outside of the municipality shall be prohibited. Any dumping or disposal of recyclables from a source outside the municipality at any other recycling facility in the name of the municipality shall be prohibited.
H. 
Collection, handling and disposal: Collection, handling, and disposal of recyclables within or on behalf of the municipality by collectors shall only be carried out by persons licensed by the municipality and in accordance with all state and federal laws, including but not limited to the Public Health Code of the State of Connecticut, as it shall be amended from time to time, and in a manner as not to pose a hazard or potential hazard to public travel, health, or safety or to become a nuisance of any sort. Any recyclables collected or transported within the municipality shall be carried in tightly covered vehicles or in tightly covered containers in or on such vehicles. Any recyclables which are collected or transported in open-top vehicles shall be suitably covered so as to prevent scattering litter upon the streets. All vehicles used for collection or transportation of recyclables within the municipality shall be subject to approval of the Director or the Board.
I. 
Scavenging prohibited.
(1) 
Upon placement of recyclables out for residential collection, or upon delivery to the Ridgefield recycling center, it shall be a violation of this article for any person, other than the collector or the authorized agents of the municipality acting in the course of their employment, to collect or pick up any such recyclables, or cause the same to be collected or picked up. In addition to the fine imposed for violation of this provision, the violator may be required to make restitution to the municipality for the value of any materials illegally removed. Each and every such collection or pickup in violation of this section from one or more locations shall constitute a separate and distinct violation.
(2) 
Nothing in this article shall abridge the right of any person to give or sell their recyclables, including deposit beverage containers, to any person, provided that such materials have not been set out for residential curbside collection or delivered to any disposal location designated by the Board.
A. 
The municipality is authorized to, by Public Act No. 90-220, and may, through its legislative body, designate where the following items generated from residential properties shall be taken for processing or sale; the processing or sale of such items at any other area shall be prohibited:
(1) 
Cardboard.
(2) 
Glass food and beverage containers.
(3) 
Leaves.
(4) 
Metal food and beverage containers.
(5) 
Newspapers.
(6) 
Storage batteries.
(7) 
Waste oil.
(8) 
Plastic food and beverage containers.
B. 
The Board shall not give less than 60 days' notice of its intent to designate where these items from the residential properties shall be taken for processing or sale to all licensed collectors hauling solid waste or such items of the municipality. At the conclusion of such period, the Board shall cause notice of such designation to appear in a newspaper of general circulation in the municipality and shall conduct a public hearing thereon.
C. 
The Board is hereby authorized to enact, from time to time, by resolution, such regulations as it shall deem in the public interest regarding separation, collection, recovery, removal and storage of recyclables and enforcement of this article.
D. 
The Board shall, and is granted the authority to, designate a person to be contacted by the Department of Environmental Protection with inquiries regarding the recycling program.
E. 
The Board shall, and is granted the authority to, designate a municipal agent to receive complaints and notices of violations of the separation requirements set forth in the Public Act No. 90-220 and this article.
F. 
The Board is hereby authorized to add if mandated, or delete if permitted, from time to time, items on the list of mandatory recyclables so long as such action is not in conflict with the Connecticut General Statutes, Department of Environmental Protection regulations, or the municipal recycling service agreement signed with the HRRA.
G. 
The Board is hereby authorized to adopt a fee schedule and method(s) for ensuring payment of the fees for depositing any and all recyclables at any municipal, or municipally designated, facility for recyclables.
H. 
The Board, through resolution, shall adopt rules and regulations, from time to time, governing any practice and related practices contained in this article, provided that such rules and regulations are not inconsistent with the Connecticut General Statutes, Department of Environmental Protection regulations, or any provision of this article.
I. 
The Board is hereby authorized to employ or make contracts with persons, including the HRRA, for the separation, collection, transportation, processing, and/or marketing of recyclables, as provided for in C.G.S. § 22a-220(g), to carry out the provisions of this article.
A. 
In accordance with the provisions of C.G.S. § 22a-220(d), any person collecting recyclables generated by residential, business, commercial, or other establishments in the municipality shall annually register each collection vehicle separately with the municipality on forms prescribed by the Director upon or before the first day of July. Upon registration and payment of an annual permit fee, each such collector shall be permitted to collect or continue the collection of recyclables within the municipality. The permit fee charged to collectors shall be the same as the Class C permit fee charged to solid waste haulers under the Town Solid Waste Ordinance.[1] Solid waste haulers who are also recyclable collectors who have paid for a Class C solid waste permit shall be exempt from the collector's permit fee for recyclables.
[1]
Editor's Note: See Art. II of this chapter, §§ 305-12 and 305-13.
B. 
Each such collector shall disclose the name of any other municipality in which such collector hauls recyclables. The door of any private vehicle used to haul recyclables shall be clearly marked with the business name and address of the collector. Registrations shall not be transferable from vehicle to vehicle.
C. 
The Board is authorized and empowered, prior to issuing a permit, to require evidence of liability insurance in effect covering all vehicles to be used to collect recyclables.
D. 
Use of the Ridgefield recycling center by persons transporting their personal or residential recyclables shall be by permit. Permit issuance shall be predicated upon proof of Ridgefield residency or proof that the source of generation of said recyclables was within the Town of Ridgefield, plus payment of such permit fee as may be established from time to time by the Board.
E. 
The Board shall further require that any collector tipping recyclables at the Housatonic Regional IPC maintain a performance bond, or other means to ensure payment, with the vendor of that IPC or the municipality.
F. 
Collectors' permits shall not be transferable to a purchaser of said collector's business or routes.
G. 
Licensed collectors utilizing other than the Ridgefield recycling center shall provide the Board or its designee with a monthly statement of tonnage of Ridgefield recyclables processed.
H. 
No permit shall be issued to any recyclables collector whose permit has been previously revoked twice. For purposes of this subsection, the ownership of collectors shall be determined pursuant to the standards set forth in Subsection I below.
I. 
During the period of any permit suspension, no permit shall be issued:
(1) 
To any person who is or was an owner of or partner in any unincorporated business whose permit, during the period of said ownership, was revoked under the terms of this article or who owns or owned 50% or more of the stock of any corporation whose permit, during the period of said ownership, was revoked under the terms of this article.
(2) 
To any partnership or unincorporated business in which any owner or partner is or was the owner of or partner in any unincorporated business whose license, during the period of said ownership, was revoked under the terms of this article or in which any partner or owner owns or owned 50% or more of the stock of any corporation whose license, during the period of said ownership, was revoked under the terms of this article.
(3) 
To any corporation in which the owner of 50% or more of the stock is or was the owner of 50% or more of the stock of any corporation whose permit, during the period of said ownership, was revoked under the terms of this article or is or was the owner of or partner in any unincorporated business whose permit, during the period of said ownership, was revoked under the terms of this article.
J. 
For purposes of the computation of the ownership of stock in any corporation or the interest in any partnership or unincorporated business under the provisions of this section, the interest of any person shall include:
(1) 
Any beneficial interest held for the benefit of said person or for the benefit of any person of the type set forth in Subsection J(2) or (3) below, whether in trust or otherwise.
(2) 
Any interest owned by the spouse of said person, if said person and said spouse shall file a joint tax return for purposes of federal or state tax.
(3) 
Any interest owned by any person whom said person shall claim as a dependent upon his or her federal or state tax return.
K. 
The Board may require of any licensee or license applicant such information, under oath, as it deems necessary for purposes of enforcement of this section. To the extent permitted by law, such information shall not be disclosed, except to the extent necessary for the determination, by the appropriate municipal authorities, as to the compliance with the provisions of this article.
L. 
The license of any collector may, after notice and hearing pursuant to this article, be revoked for the violations listed in this article. In addition, said collector shall be prohibited from dumping or depositing any recyclables (solid waste) at the regional IPC (municipal solid waste facility) for a period of 30 days from the date of such license revocation. Said license may also be revoked for:
(1) 
Refusing to remove or cause to be removed recyclables deposited at other than authorized facilities when ordered to do so by the Board or its designated agent;
(2) 
Any material misrepresentation or omission in the filling out of any permit application or in providing information pursuant to this article.
A. 
Prior to any action pursuant to the provisions of this article, the Board shall hold a hearing pursuant to the provisions of this section.
(1) 
The designated agent may cause the Town Attorney to investigate any allegation of a violation of the provisions of this article, and, if he or she shall determine that there is probable cause to believe that such a violation has occurred, he or she shall refer said matter to the Board for a hearing.
(2) 
The First Selectman, who, pursuant to the provisions of this section, shall preside at said hearing, shall give notice of the time and place of said hearing and a general statement of the alleged violation, including the date thereof, to the licensee (person) by mailing such notice, certified mail, return receipt requested, not less than seven days prior to the date of said hearing, to the address of the licensee (person).
(3) 
The First Selectman shall preside at said hearing unless said First Selectman shall be disqualified, in which event the First Selectman's designee shall preside.
(4) 
The collector (person) and the municipality shall have the right to be represented by counsel.
(5) 
All witnesses at said hearing shall be placed under oath, and each party shall have an opportunity to cross-examine all witnesses to be presented by the other.
(6) 
Unless both the municipality and the collector (person) shall waive the keeping of a transcript, a verbatim record of said proceeding shall be kept. Either party shall have the right to order a copy of said record upon the payment, in advance, of the cost thereof.
(7) 
The rules of evidence shall not apply to any proceeding hereunder, and subject to the provisions of this section, the presiding Selectman shall be permitted to accept such evidence as he or she shall deem appropriate.
(8) 
In the event that any member of the Board shall be a witness in the proceedings, he or she shall be disqualified to act upon said complaint.
(9) 
In the event that any member of the Board shall be disqualified to act upon said complaint for any reason, the remaining members of the Board shall select an elector of the municipality to replace said disqualified member at said hearing. If the remaining members are unable to agree upon said replacement, the Board, acting at a regular or special meeting, shall select said replacement.
B. 
In the event that the Board shall determine by a preponderance of the evidence that the collector (person) is in violation of any section of this article, the First Selectman presiding at said hearing shall take such action as may be proper under the provisions of this article. Notice of such action shall be given to the collector (person) in writing by mailing thereof, certified mail, return receipt requested, to said collector (person) not less than five days prior to the effective date of said action.
On or after January 1, 1991, any collector who has reason to believe that a person from whom he collects solid waste has discarded recyclable items with such solid waste in violation of the provisions of this article or of C.G.S. § 22a-24lb, as amended, shall promptly notify the municipal agent of the alleged violation. Upon the request of the municipal agent, a collector shall provide warning notices, by the placement of tags provided by the municipality, to any person suspected by the collector or the municipality of violating the separation requirements of state law or this article. Each collector shall also be required to assist the municipality in the identification of any person responsible for creating loads containing significant quantities of items subject to the separation requirements of state law or this article which are delivered to a resources recovery facility or solid waste facility by the collector and detected by the owner or operator of such a facility pursuant to C.G.S. § 22a-220c(b).
A. 
Any collector found to have violated the separation and collection requirements of this article shall be subject to a fine in the amount set forth in Connecticut General Statutes § 22a-220a(f). In addition, the municipality reserves the right to suspend or revoke the license of any such collector. Any collector whose permit is either suspended or revoked as provided for herein shall be entitled to a hearing in accordance with the provisions of this article and any other applicable Town ordinances.
[Amended 3-17-2010]
B. 
Any person who violates the provisions of this article shall be subject to the penalties as set forth in Connecticut General Statutes § 22a-250.
[Amended 3-17-2010]
C. 
In accordance with the authority provided in § 2 of Public Act No. 90-249,[1] any commercial establishment that is found to have violated the provisions of C.G.S. § 22a-241b(c) shall be subject to a fine in the amount of $500 for each such violation.
[1]
Editor's Note: See C.G.S. § 22a-241i.
Except as otherwise specifically provided for, the provisions of this article shall take effect on January 1, 1990.