Town of Clinton, CT
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Clinton 4-24-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 247.
Dumpsters — See Ch. 280.
Littering — See Ch. 358.
Nuisances — See Ch. 390.
Regulation and control of the storage, collection, recycling, transport and disposal of solid waste are necessary for the protection of the public health, safety and welfare of the residents of the Town.
For the purpose of this chapter, the following definitions shall apply:
AUTHORITY
The Connecticut Resources Recovery Authority established pursuant to Chapter 446e of the Connecticut General Statutes, as amended.
BULKY WASTE
Unwanted material that is composed of clean fill, masonry products, concrete, rock, untreated wood, brush, demolition material, and land-clearing debris and meets the definition as set forth by the State of Connecticut Department of Environmental Protection.
DESIGNATED DISPOSAL SITE
The location or facility designated by the Town for disposal of solid waste.
DIRECTOR
The duly appointed Town Engineer of the Town of Clinton, or such other person as may be designated from time to time by the Town Engineer, who shall have the duties, powers and responsibilities set forth in this chapter.
HAZARDOUS WASTE
Waste material which may pose a hazard to human health or the environment, including but not limited to waste defined and identified as hazardous under the Federal Resource Conservation and Recovery Act and under applicable regulations of the Connecticut Department of Environmental Protection.
RECYCLABLE MATERIAL
Items of solid waste (occasionally referred to as "recyclables") that are designated by the appropriate State of Connecticut General Statutes, the State of Connecticut Department of Environmental Protection or as set forth in this chapter that can be separated or diverted from the solid waste stream for the purposes of processing them or causing them to be processed into a material product, including the production of compost, in order to provide for disposition of the items in a manner, other than incineration or landfilling, which will best protect the environment.
RECYCLING COORDINATOR
The duly appointed Assistant Town Engineer of the Town of Clinton and/or designated person who shall have the duties, powers and responsibilities set forth in this chapter.
SOLID WASTE
Unwanted or discarded materials, not elsewhere defined as bulky waste, including solid, liquid, semisolid or contained gaseous material, but excluding hazardous waste as hereinafter defined and semisolid or liquid materials which are collected and treated in a sewerage system.
SOLID WASTE COLLECTOR
A person, firm or corporation engaged in the regular business of collecting and transporting solid waste and/or recyclable material within the Town of Clinton.
SOURCE SEPARATION
The person(s) that generates solid waste must separate out all recyclable items as set forth in this chapter.
All solid waste originating within the limits of the Town of Clinton shall be collected, transported and disposed of either by the Town or by solid waste collectors licensed in accordance with the provisions of this chapter. No other person, firm or corporation shall collect, transport or dispose of solid waste, except that individual collectors of solid waste or owners of premises upon which solid waste has accumulated may collect, transport and/or dispose of such solid waste under special permits issued by the Director.
A. 
The owner of premises in which solid waste is generated or accumulated shall provide suitable receptacles or containers for storing such solid waste until it is collected and removed. Solid waste containers shall be maintained in good condition and shall be replaced when no longer in such condition.
B. 
All solid waste containers shall be leakproof, verminproof, galvanized metal or plastic receptacles with securely fitting covers, of not less than 20 nor more than 30 gallons' capacity, except that residences and commercial establishments may provide a large covered container or bin designed to be emptied into or attached to a refuse truck, and other types of containers may be used under special permits issued by the Director. Grass cuttings and leaves shall be placed in a waterproof plastic bag of not over 33 gallons' capacity.
A. 
No person, firm or corporation shall store or accumulate solid waste anywhere in the Town, other than in approved solid waste containers, except under special permits issued by the Director.
B. 
Failure to remove any unauthorized accumulation of solid waste within the 10 days after written notice to do so, sent by the Director to the party responsible by certified or registered mail, shall be deemed a violation of this chapter.
C. 
No person, form or corporation shall place, move or discard any solid waste in such a manner as to allow it to be carried or deposited by the elements in or upon any street, sidewalk, alley, sewer, parkway or other public place.
D. 
No person, firm or corporation shall dispose of any solid waste upon any public or private property, except as otherwise allowed by law.
E. 
Hazardous waste. It shall be unlawful for any person, firm or corporation to place hazardous waste into any solid waste or recyclables container or to submit any such substance to the Transfer Station or the Mid-Connecticut System.
F. 
Bulky waste and scrap metal may not be collected or mixed with municipal solid waste and shall be delivered to the place and at the time as the Director may from time to time have designated. Applicable charges shall by paid by the person/firm delivering the waste. Scrap metal will be collected at the disposal site in containers and will henceforth be recycled in accordance with a plan approved by the Director.
Recyclable material that is delivered to a designated disposal site by a resident in a separate, clean form and deposited in the area designated for recyclables shall not be charged. Recycled material that is delivered to the designated disposal site by refuse collectors in accordance with a plan approved by the Director or Recycling Coordinator will be accepted upon payment of the disposal charge. The Director or Recycling Coordinator shall determine whether the materials meet the specifications and requirements of this section, paying special attention to the manner in which it is delivered, separated and deposited in the designated areas.
A. 
Source separation for recycling by solid waste collectors.
(1) 
Recyclable materials. Each refuse collector must collect separated mandatory recyclable materials from his customers in the manner specified in this chapter and/or as required by the Director or Recycling Coordinator.
(2) 
Separation of materials; collection. Recyclable materials shall be separated from other solid waste and placed at the curb or other designated place for collection on the days designated by the collector. The collector shall determine and provide public notice of the schedule for collecting all recyclable materials.
(3) 
Separation at dumpster. Multifamily dwelling units and commercial, industrial or other nonresidential entities not utilizing curbside collection must have an area conveniently located and approved by the Director or Recycling Coordinator in sufficient quality and condition designated for recyclable materials. Each container shall be marked as to the material it is to receive. The type, location, signing and number of containers shall be in accordance with a plan presented to the Director or Recycling Coordinator by the property owner.
(4) 
Methods of separating and packing. All recyclable materials shall be separated from solid waste in the following manner:
(a) 
Clean and unsoiled paper shall be separated into the categories defined in the definition of "recyclable material" and securely tied in flat bundles, none of which shall weigh more than 50 pounds. Empty corrugated cardboard must be collapsed and tied in bundles not weighing more than 50 pounds and shall not be more than two feet wide and four feet in length.
(b) 
Unbroken glass bottles, all types of metal food and beverage cans and aluminum products, including used aluminum food trays and foil, must be emptied of their contents and separated from other solid waste and combined in rigid upright containers used only for this category of recyclables and containing no paper, plastic or other refuse. These materials need not be flattened or processed in any way. Labels, corks, and neck rings need not be removed. The container(s) shall be covered and marked with three decals obtained from the Director or Recyclable Coordinator or the hauler and placed equidistant around and halfway up the sides of each container. Appropriate recycling boxes may also be utilized.
(5) 
Each load of solid waste shall be subject to inspection by the Director or Recycling Coordinator before and after dumping at the designated disposal site to ensure that recyclable materials have been removed.
(6) 
Recyclable materials must be contained for transportation from the source to the designated disposal site in either a truck separate from those that pick up municipal solid waste or in a separate compartment of a truck that picks up municipal solid waste. A separate compartment means an area with its own floor, walls and lid.
(7) 
Recyclable bottles and cans as collected shall be delivered to sites designated by the Director or Recycling Coordinator.
(8) 
Additional rules and regulations concerning the separation and recovery of designated recyclables may be established by a resolution of the Board of Selectmen from time to time; they shall be effective 15 days after publication in a local newspaper and posting at the Clinton Transfer Station (if it is still in operation). Solid waste collectors shall provide a copy of said new rule or regulation in two consecutive billings to customers.
(9) 
Refuse collectors must leave their customers' containers in a neat position and off the road and shall clean up materials spilled during transport, collection or disposal. Containers larger than one cubic yard must be left behind enclosures when said containers shall be in public view. "Public view" shall mean visible from a road or public parking area.
B. 
Source separation for recycling at the Clinton Transfer Station.
(1) 
Recyclable materials. Residents using the Clinton Transfer Station must separate and deliver mandatory recyclable materials in the manner specified by the Director or Recycling Coordinator.
(2) 
Separation of material. Recyclable materials shall be separated from other solid waste and transported to the Clinton Transfer Station.
A. 
Use of the bulky waste area shall be limited to residents of the Town of Clinton and industries or commercial business, provided that such refuse collected or generated is a direct result of work operations or business operations in the Town of Clinton.
B. 
No person or business, whether or not a resident of Clinton, may dispose of refuse material originating outside the Town of Clinton.
C. 
Refuse disposed of at the bulky waste area shall be limited to bulky waste and recyclables collected or generated in the Town of Clinton.
(1) 
The following materials will not be accepted at the bulky waste area:
(a) 
Automobiles or large parts thereof.
(b) 
Dangerous chemicals or explosives.
(c) 
Carcasses of any animals.
(2) 
In addition, the Selectmen, or their authorized agent, may prohibit the disposal of any other refuse if in their opinion the nature and quantity of such refuse is deemed to be dangerous to the public health, welfare or safety or detrimental to the proper operation of the bulky waste area.
D. 
Any person disposing of refuse shall do so at the specific locations and in the proper containers, as determined by the custodian in charge of the bulky waste area. Dumping of bulky waste anywhere else inside or outside of the proper area will be a violation of this chapter.
E. 
No scavenging shall be permitted.
F. 
Under no circumstances shall burning of refuse be permitted at the bulky waste area except by authorized Town personnel with permission of the Fire Marshal.
G. 
The Selectmen shall set the hours and days of operation of the bulky waste area as they shall deem appropriate.
A. 
All solid waste collectors shall make application to the Director, in the manner designated by the Director, for a license to collect, transport, and dispose of solid waste and shall provide the Director with such information as the Director may reasonably request, including the trade or business name of the applicant, the names and addresses of all officers, directors, principal shareholders and/or owners of the applicant's business, and the names of other municipalities in which the applicant collects, transports and/or disposes of solid waste and/or recyclables. Satisfactory evidence of liability insurance, in such amount and covering such risks as the Director or Recycling Coordinator may reasonably require, shall be a prerequisite for a license.
B. 
A license may be denied in the discretion of the Director for any of the following reasons, among others:
(1) 
The applicant has had previous license suspensions for an aggregate exceeding six months in the previous five years and/or revocations, either in the Town of Clinton or elsewhere, with respect to the collection, transport and/or disposal of solid waste and/or recyclables.
(2) 
The applicant's vehicles and/or equipment does not conform to the requirements of this chapter or to standards established by the Authority or the Director.
(3) 
The applicant has not complied with one or more requirements of the Town, another municipality or the Authority with respect to the storage, collection, transport and/or disposal of solid waste and/or recyclables.
C. 
Nontransferable licenses and renewals thereof shall be issued to qualified solid waste and/or recyclable materials collectors for a period of one year, commencing on the first day of July. No solid waste and/or recyclable collector shall operate in the Town without such a license currently in force.
D. 
If a licensed solid waste and/or recyclable collector (hereinafter referred to as a "licensee") wishes to sell, lease, license, loan or in any other manner, or to any effect, transfer all or any part of his business, customers, or service route to another solid waste and/or recyclable collector, such licensee shall give written notice thereof to the Director at least 10 business days before the effective date of the transfer stating the name, address and telephone number of the transferee, a clear and concise description of the nature and extent of the business being transferred and the effective date of the transfer.
A. 
Failure to comply with the provisions of this chapter shall be grounds for suspension of any license issued by the Director hereunder, in addition to any other penalty which may be imposed by law.
B. 
The Director may suspend a license as follows:
(1) 
For the first violation of § 447-8D or 447-14C, D or E, not less than 10 nor more than 30 days, and for the subsequent violation thereof, not less than 30 nor more than 90 days.
(2) 
For the first violation of § 447-5C or 447-14B, not less than 30 nor more than 90 days, and for the subsequent violation thereof, not less than 90 nor more than 120 days.
(3) 
For the first violation of § 447-5D, 447-6A or 447-13A or C, not less than 30 nor more than 120 days, and for subsequent violation, not less than 90 nor more than 180 days.
C. 
When a license has been suspended hereunder two or more times, the Director may thereafter suspend such license for a period of not less than 180 days nor more than one year or, in the Director's sole discretion, may initiate proceedings under § 447-10 hereof.
D. 
A suspension shall become effective 10 days from the date a written notice of suspension is sent to the licensee by the Director unless the licensee, within such ten-day period, files a written request for review with the First Selectman. The notice of suspension shall be served on the licensee by certified or registered mail or by delivering a copy thereof to the licensee's place of business. Such notice shall include a summary of the facts or conduct which forms the basis for the Director's action and shall apprise the licensee of the right to file a request for review.
E. 
The request for review shall operate as an automatic stay of the suspension, pending action by the Board of Review as hereinafter provided; provided, however, that if the Director makes a written determination that a stay will constitute a danger to the public health, safety or welfare, he shall send the solid waste collector a copy of such determination by certified or registered mail and the suspension shall thereupon become effective immediately.
F. 
Within 10 days from the date of the notice of suspension, the First Selectman shall designate a Board of Review consisting of three members of the Board of Selectmen (which may include the First Selectman). Within 15 days after being so constituted, the Board of Review shall makes its decision to confirm or vacate the suspension, after giving the solid waste collector a full and fair opportunity to be heard, including the right to be represented by counsel and the right to present relevant evidence. The decision of the Board of Review shall be final.
A. 
To initiate proceedings to revoke a license issued under this chapter, the Director shall issue a notice of revocation, which shall be served on the licensee by sending a copy thereof to the address of the licensee on file in the office of the Director, by certified or registered mail, and delivering a copy to the licensee's place of business.
B. 
The notice of revocation shall include the following information:
(1) 
Notice that a hearing will be held before the Board of Selectman, which date shall be no less than 30 nor more than 60 days from the date of the notice of revocation, to determine whether the licensee's license to collect, transport and/or dispose of solid waste and/or recyclables should be revoked;
(2) 
A summary of the facts or conduct supporting the proposed revocation; and
(3) 
Notice of the licensee's right to be represented at the hearing by counsel, to present relevant evidence, and to examine and cross-examine witnesses.
C. 
The Director shall provide a copy of the notice of revocation to the First Selectman, who shall promptly call a meeting of the Board of Selectmen, on the date and time and at the place specified in said notice, which date may be the date of a regular meeting of the Board, to hear the complaint against the licensee and to determine whether his license should be revoked.
D. 
Within 10 days from said hearing, the Board of Selectmen shall make a determination to revoke the license under consideration, suspend the license for a period not to exceed three years, or reinstate the license to its status immediately prior to the issuance of the notice of revocation.
E. 
Notice of the Board of Selectmen's determination shall be sent to the licensee by certified or registered mail within three business days from the date of the determination, and the revocation or suspension, if any, shall thereupon become immediately effective.
A. 
Every licensee shall obtain from the Director a special registration for each vehicle used to transport solid waste and/or recyclables, and will be subject to such inspection as the Director may require, prior to the issuance of a registration. Special registrations shall not be transferable from vehicle to vehicle; however, the Director may allow a temporary transfer under special circumstances, such as a breakdown of a registered vehicle, subject to such conditions as the Director may prescribe.
B. 
All vehicles registered under this chapter shall meet the following standards and such other, additional, or different standards as the Director may, from time to time, require:
(1) 
All vehicles shall be equipped with automatic unloading mechanisms.
(2) 
Vehicles used for transporting liquid or semiliquid material shall be of watertight construction.
(3) 
Vehicles with a capacity in excess of 10 cubic yards shall be of closed construction; vehicles of smaller capacity may have an open top, provided that they are equipped with an automatic or semiautomatic furling cover or dumpster-type top.
C. 
A special registration fee shall be payable in the sum of $100 for each vehicle having a capacity of 10 or more cubic yards and $50 for each vehicle with a capacity of less than 10 yards.
D. 
Whenever a vehicle registered hereunder is transferred to another licensee, such vehicle must be reinspected before being used to transport solid waste and/or recyclables, but no additional registration fee under this chapter shall be required.
E. 
A special registration number will be assigned to each vehicle and such number shall be conspicuously displayed on the left front door of each vehicle, or as may be specified by the Director.
F. 
Each licensee shall prominently display at all times on the left front door of each registered vehicle, in letters at least four inches high, the trade or business name, address and telephone number of the licensee.
A. 
The Director may suspend a special registration issued under this chapter for any violation of § 447-11A, B, D, E or F or 447-14A or B of this chapter.
B. 
Whenever the Director finds that any of the above violations has occurred, he may send the owner/operator of the vehicle a written notice that the special registration for the vehicle is suspended, effective immediately, until the violation is cured and the vehicle is in compliance.
C. 
The owner/operator shall, within 48 hours of receipt of said notice, surrender the special registration to the Director, and the same shall remain suspended until the Director shall have been advised by the owner/operator that the violation has been cured and the Director has inspected the vehicle and confirmed its compliance with the requirements of this chapter.
A. 
All licensees shall deliver solid waste and/or recyclables collected within the limits of the Town of Clinton to the designated disposal sites, as applicable, and shall pay the relevant disposal charges.
B. 
Solid waste and/or recyclables delivered to the designated disposal sites shall not include any hazardous waste and may not be of such quality or nature as to:
(1) 
Materially impair the operation, capacity or structural integrity of the designated disposal sites or of any solid waste disposal facility in the State of Connecticut to which it may be later transferred; or
(2) 
Create flammable, explosive, or other harmful or dangerous conditions.
C. 
Waste which does not comply with the requirements of Subsection B above shall be disposed of as the Director or Recycling Coordinator may determine. The Director or Recycling Coordinator may approve the disposal of presegregated, recyclable material at one or more facilities which accept and process such material.
D. 
Any licensee failing to pay any disposal charges within 30 days after the date of an invoice therefor shall be liable for interest on the unpaid charges at the rate of 1% per month or fraction thereof, plus costs of collection, including reasonable attorney fees.
A. 
All vehicles and equipment used to collect, transport and/or dispose of solid waste and/or recyclables shall be operated and maintained in good working order and free of obnoxious odors and residual solid waste.
B. 
Solid waste and/or recycling vehicles shall be covered at all times while in motion on any public street or highway.
C. 
The licensee shall update, revise and keep current the information provided under § 447-8 of this chapter and shall provide the Director with current information from time to time and upon demand, including a current list of the names and addresses of customers serviced by the licensee.
D. 
If any resident of the Town in unable to obtain or is refused satisfactory solid waste and/or recyclable collection service, such resident may make application to the Director, who will designate one or more licensees to provide such service, and failure or refusal of any such licensee to comply, without good cause shown, shall be a violation of this chapter.
E. 
A licensee may refuse to provide collection service to any customer who is more than 60 days delinquent in the payment of the licensee's charges, provided that the licensee gives the Director 10 days' prior written notice. Once all arrears have been paid in full, the licensee shall restore collection services to the customer.
A. 
The Clinton Transfer Station shall not accept solid waste from business or commercial establishments or from solid waste collectors. Owners or occupants of residential property in the Town of Clinton may dispose of their solid waste and/or recyclable materials at the Clinton Transfer Station, provided that:
(1) 
The solid waste was generated within the limits of the Town of Clinton;
(2) 
The resident has either an annual permit issued for hardship and other special cases or a prepaid permit issued for a particular quantity or period of time;
(3) 
Disposal is made only on scheduled days and times and in compliance with such rules and procedures as may be established by the Director or Recycling Coordinator;
(4) 
The solid waste contains no recyclable materials; and
(5) 
Recyclable materials are separated in accordance with § 447-6B of this chapter.
B. 
The Board of Selectmen may establish and require the payment of reasonable fees for use of the Clinton Transfer Station, to defray the cost of its operation and maintenance.
C. 
The Town reserves the right to close the Clinton Transfer Station temporarily, or permanently, at any time.
A. 
The Director may require a licensee to post a bond or provide such other security as may be reasonably necessary or appropriate to ensure payment of all required fees.
B. 
A licensee, by accepting a license issued under this chapter, agrees to hold harmless the Authority and the Town from any loss, damage or injury arising from disposal or delivery to any designated disposal sites of solid waste and/or recyclables which do not conform to the requirements of this chapter.
A. 
Any solid waste collector and/or bulky waste collector who disposes of more than one cubic foot of solid waste at any one time, at a location other than that which is designated by the Town, shall be liable for a civil penalty of $1,000 for each violation and $5,000 for any subsequent violation.
B. 
Any person, firm or corporation who or which disposes of any solid waste in violation of § 447-5D of this chapter shall be liable for a civil penalty of up to $10,000 for each day such violation continues.
C. 
Any person violating any other provision of this chapter, except § 447-6, shall be liable to a fine of not more than $100 for each day such violation continues.
D. 
Any commercial generator who violates any portion of § 447-6 of this chapter shall be liable for a fine of up to $500.
E. 
Any solid waste collector and/or bulky waste and/or recyclables collector shall be liable for a fine of up to $100 for failure to report on generators or failure to tag violators or failure to assist the municipality in identifying a bad load delivered to a designated disposal site. Any such collector shall be liable for a fine of $1,000 for the first offense for knowingly mixing recyclables with solid waste and a fine of up to $5,000 for subsequent violations.
F. 
The Authority shall be subject to a warning followed by a fine of $500 for failure to notify the municipality about the delivery of loads of solid waste originating from the municipality containing significant quantities of recyclable items.