[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:
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."
Corrugated boxes and similar material and kraft paper materials
which are unwaxed and have a minimum of contamination by food or other
material.
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.
Mixed recyclables that are collected together.
The Director of Public Works of this municipality or his
authorized representative.
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.
A region consisting of those municipalities which are participating
in a regional recycling program under the management of the HRRA.
Housatonic Resources Recovery Authority.
Intermediate processing center which receives, processes
and markets 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:
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.
The person designated by the Board to administer the notice
and enforcement provisions of this article.
The Town of Ridgefield, Connecticut.
Used or discarded newsprint (newspaper advertisements, supplements,
comics, and newsprint-type enclosures) which has a minimum of contamination
by food or other material.
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.
Any individual, corporation, partnership, association, or
other entity or organization, either public or private, of any kind.
Any item designated by the Department of Environmental Protection
or Board which can be separated or diverted as defined below under
"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.
The Ridgefield recycling center located at South Street,
Ridgefield, Connecticut.
Real estate containing one or more dwelling units, but shall
not include hospitals, motels, hotels, nursing homes or congregate
housing.
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.
Lead acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
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:
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.
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:
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]
Except as otherwise specifically provided for,
the provisions of this article shall take effect on January 1, 1990.
