[Ord. of 3-12-1991, § 1[1]]
(a)
Each owner and occupant of real property located in the Town of New
Milford and any other person generating, producing or originating
solid waste within the town shall be required to separate recyclables
from other solid waste and to deliver such recyclables to a commercial
solid waste hauler registered in the town or to an approved solid
waste facility designated by the town in accordance with the provisions
of this Article.
(b)
No person may engage in collecting, hauling or disposing of recyclables
or solid waste within the town unless such person has first registered
with and obtained a permit as a commercial solid waste hauler from
the Mayor. Each person so registering as a commercial solid waste
hauler shall provide such information as the Mayor deems necessary
to insure compliance with and to carry out the purposes of this Article.
Each person acting as a commercial solid waste hauler within the town
shall properly dispose of recyclables and of solid waste in accordance
with the requirements of this Article and in accordance with the requirements
of state law. No permit as a commercial solid waste hauler shall be
issued unless a permit fee in the amount of $250 is paid to the Town.
[1]
Editor's Note: This ordinance provided that it was adopted
in order for the Town of New Milford to effectively deal with its
solid waste, including recyclables, and to meet the State of Connecticut
mandate enacted in Public Act No. 90-220.
[Ord. of 3-12-1991, § 2]
(a)
All items designated as recyclables by the State of Connecticut Department
of Environmental Protection or by the Town Council of the Town of
New Milford shall be considered recyclables and shall be subject to
separation and disposal as required by this Article.
(b)
Each person generating, producing or originating solid waste upon
or from a residential property located within the Town of New Milford
shall separate at the source all recyclables from such solid waste
and shall segregate such recyclables for disposal in an approved manner.
Each other person generating, producing or originating solid waste
within the town, including but not limited to, commercial and industrial
businesses and owners or operators of apartments or condominium complexes,
shall make provision for the separation of all recyclables from such
solid waste and for the disposal of such recyclables in an approved
manner.
(c)
No commercial solid waste hauler or other person shall dispose of
any recyclable item generated within the Town of New Milford in any
solid waste facility except in areas specifically designated by the
Town Council for the collection of such recyclable item.
(d)
No commercial solid waste hauler may collect, transport or dispose
of solid waste generated, produced or originating upon or from residential
property located within the Town of New Milford unless substantially
all recyclables have first been separated and removed from such solid
waste. No commercial solid waste hauler may collect, transport or
dispose of solid waste generated, produced or originating upon or
from nonresidential properties, including properties owned or occupied
by commercial and industrial businesses and owners or operators of
apartments or condominium complexes, unless substantially all recyclables
have first been separated and removed from such solid waste or unless
provision is otherwise made for the separation and removal of substantially
all recyclables from such solid waste and for the disposal of such
recyclables in an approved manner.
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Each commercial solid waste hauler shall routinely inspect collected
solid waste for compliance with the requirements of this Article and
shall issue a violation notice, by tag or other means approved by
the Mayor, to each person whom the commercial solid waste hauler determines
is not in substantial compliance with the requirements of this Article.
Each commercial solid waste hauler shall periodically provide the
Mayor and the Department of Environmental Protection with such information,
including the record of violation notices, as the Mayor or the Department
of Environmental Protection deem necessary to assure and assess compliance
with this Article.
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Nothing contained in this subsection shall diminish or be deemed to impair the authority of the Town Council to direct the flow of solid waste, including recyclables, as more particularly set forth in § 7-71 hereof.
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[Ord. of 3-12-1991, § 3]
(a)
The authority to direct the flow of solid waste generated within
the Town of New Milford, including the authority to designate location(s)
or system(s) to which recyclables are to be taken for processing or
sale and to which solid waste is to be taken for disposal or processing,
is hereby vested in the Town Council. As part of said authority, the
Town Council may establish or specify procedures and practices consistent
with the requirements of state law for the separation, recovery, collection,
removal, storage and disposal of solid waste, including recyclables.
(b)
The authority to designate recyclable items that are additional to
the items designated as recyclables under state law or pursuant to
regulations adopted by the Connecticut Department of Environmental
Protection is hereby vested in the Town Council.
[Ord. of 3-12-1991, § 4]
(a)
Each person desiring to engage in collecting, hauling or disposing
of recyclables generated, produced or originating in the Town of New
Milford shall register with and secure a commercial solid waste hauler
permit from the Mayor. In order to be eligible for a permit as a commercial
solid waste hauler, such person shall agree to comply with the provisions
of applicable state law, with this Article and with the procedures,
practices, rules and regulations established by the Town Council relative
to the collection, transportation and disposal of solid waste and
of recyclables. All information and representations made in connection
with an application for a permit as a commercial solid waste hauler
shall be made under penalties of false statement under Section 53a-l57
of the Connecticut General Statutes.
(b)
Each person seeking a permit as a commercial solid waste hauler shall
provide information deemed necessary by the Mayor with respect to
the number of customers within the town that such person serves or
intends to serve as well as the names of other municipalities in which
such commercial waste hauler does business. Such person shall also
provide information to the Mayor identifying each vehicle which will
be used in connection with said permit by identification number and
marker number.
(c)
The Mayor may deny a permit to a commercial solid waste hauler or
may, after a hearing comporting with due process requirements, revoke
such permit on the basis of any of the following reasons:
(1)
Such person has been charged with violations of federal, state or
local environmental laws, regulations or codes including, but not
limited to, those applicable to the handling or disposal of solid
waste or recyclables.
(2)
Such person makes misrepresentations of fact on his application.
(3)
Such person has failed in the past to comply with the provisions
of this Article.
(4)
The Mayor determines that the issuance of a permit to such person
as a commercial solid waste hauler will not be consistent with the
town's interest or plans with respect to the handling, transporting,
processing or disposal of solid waste, including recyclables.
(d)
Only one permit as a commercial solid waste hauler shall be issued to any one person. Each such permit shall be valid for a period of not more than one year and to a date established by the Mayor. A permit may be renewed by the Mayor, provided that the registrant demonstrates continued compliance with the requirements for issuance of a permit, and provided that the registrant provides current customer and vehicle information as specified in § 7-72(b) hereof.
(e)
Each commercial solid waste hauler shall conspicuously display, at
all times on the doors of each vehicle utilized, his name, address,
phone number and permit number as issued by the town.
(f)
Permits are not transferable. When any permittee sells or transfers
all or part of his business to any other commercial solid waste hauler,
he shall first notify the Mayor in writing of his intent to sell,
and the transferee shall, simultaneously make application for the
appropriate permit to operate in the Town of New Milford.
[Ord. of 3-12-1991, § 5]
Any person who violates any provision of this Article or the
practices and procedures adopted by the Town Council for the segregation,
transportation, processing or disposal of solid waste or recyclables
shall be subject to any and all civil remedies, including temporary
and permanent injunction, which may be available to the town.
[Ord. of 3-12-1991, § 6]
Nothing in this Article shall prohibit any person or business
from selling their self-generated recyclables, including but not limited
to deposit beverage containers, to any program lawfully operated,
whether for profit, nonprofit or charitable purposes.
[Ord. of 3-12-1991, § 7]
The disposal of recyclables originating outside of the town
may be permitted at the town recycling center or at another designated
recycling facility or system, subject to approval by and to procedures
established by the Town Council.
[Ord. of 3-12-1991, § 8]
Nothing contained herein shall be deemed to prohibit the town
from inspecting facilities, equipment and procedures utilized by property
owners or by persons generating, producing or originating solid waste
within the town or by commercial solid waste haulers for the purpose
of determining compliance with this Article.
[Ord. of 3-12-1991, § 9]
As used in this Article, the following terms shall have the
following meanings:
means any person, firm or corporation (other than incidental
commercial user) whose business activity is collecting, picking up
and/or transporting solid waste or recyclables.
means any individual, corporation, company, partnership,
joint venture, estate, trustee, society, association or any entity
having the capacity to own real property or to produce, generate or
originate solid waste or recyclables.
means any item designated by the State Department of Environmental
Protection or the Town Council which can be separated or diverted
from other solid waste as defined below under "recycle."
means to separate or divert an item from the solid waste
stream in order to process, cause to be processed or store for later
processing into a material product, including the production of compost.
Nothing in this definition shall preclude the use of waste oil as
fuel in an oil burner or of scrap tires as fuel in an incinerator.
means the municipal agent designated by the Town Council
to assist in the administration of this Article.
means that part of the solid waste stream remaining after
recyclables have been removed.
means unwanted or discarded materials; an all-encompassing
term including, but not limited to, garbage, demolition and construction
debris, refuse, recyclables and materials from land clearing.
means the Town Council of the Town of New Milford, Connecticut.
means the area or area designated by the Town Council for
the handling of the town's solid waste. This facility may include
a landfill, transfer station, recycling center or system for the handling,
transportation or disposal of solid waste.
