[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.
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.
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.
(e) 
Recyclables shall be prepared for recycling, processing or sale in the manner required by procedures or practices established by the Town Council pursuant to the authority vested by § 7-71(a) of this Article.
[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:
Commercial Solid Waste Hauler
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.
Person
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.
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."
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.
Recycling Coordinator
means the municipal agent designated by the Town Council to assist in the administration of this Article.
Refuse
means that part of the solid waste stream remaining after recyclables have been removed.
Solid Waste
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.
Town Council
means the Town Council of the Town of New Milford, Connecticut.
Town Solid Waste Facility
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.