[HISTORY: Adopted by the Town of Clinton 4-24-1991. Amendments
noted where applicable.]
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:
The Connecticut Resources Recovery Authority established
pursuant to Chapter 446e of the Connecticut General Statutes, as amended.
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.
The location or facility designated by the Town for disposal
of solid waste.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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
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.
