As used in this chapter the following terms shall have the meanings
indicated:
BULKY WASTE
Oversized waste materials too large for collection in Town
refuse containers. Bulky waste shall not consist of any refuse that
may be packaged and disposed of using Town-provided refuse containers.
Examples of bulky waste include furniture, appliances, carpeting,
mattresses, box springs and similar items.
CONSTRUCTION AND DEMOLITION (C&D) WASTE
Materials and wastes resulting from the repair, construction,
demolition and/or renovation of buildings or structures, such as lumber,
earth, stones, concrete, mortar, masonry, tubs, floor tiles, linoleum,
roofing materials, sheathing, rubble, macadam, plaster and brick,
conduit, pipe, insulation, and other material. These materials do
not constitute bulky waste.
DWELLING
A house or building, or portion thereof, or any enclosed
space wholly or partly used or intended to be used for living, sleeping,
cooking and/or eating by one or more families or households.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
GARBAGE
Putrescible household wastes, animal and vegetable matter,
and all other waste liable to decay.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste materials that are toxic, flammable, reactive or corrosive,
including but not limited to oil-based paints, thinners, fluorescent
lamps, pool chemicals, pesticides, mercury thermometers, and gasoline.
These materials do not constitute bulky waste.
OCCUPANT
Any person living or sleeping in a building or having possession
of a space within a building.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
RECYCLABLES
All items required to be recycled by municipalities in accordance with the regulations of the Department of Environmental Protection, adopted pursuant to § 22a-241b of the Connecticut General Statutes, and all other items designated for recycling in the rules and regulations established pursuant to §
273-6 of this chapter.
REFUSE
All putrescible and nonputrescible solid wastes, including
garbage and rubbish, generated by residential activities. Refuse shall
not include recyclables, bulky waste, C&D waste, HHW or yard waste.
REFUSE CONTAINER
A Town-issued, wheeled green plastic cart that is provided
for the specific purpose of storing refuse generated by residential
activities.
RECYCLING CONTAINER
A Town-issued, wheeled blue plastic cart that is provided for the specific purpose of storing those household recyclables, designated in the rules and regulations established pursuant to §
273-6 of this chapter, generated by residential activities for collection by the Town.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, except garbage; the term shall include
materials such as films, wrappings, rubber, leather, rags, clothes,
crockery, dust sweepings, and nonrecyclable papers, plastics, metals
and glass, but shall not include recyclables, bulky waste, C&D
waste, HHW and yard waste.
SOLID WASTE
Any of the materials defined herein as bulky waste, construction
and demolition waste, garbage, household hazardous waste, recyclables,
refuse, rubbish and yard waste.
YARD WASTE
Organic materials, including cut branches, limbs, leaves,
mowed grass, shrubbery trimmings, weeds and Christmas trees, primarily
generated from landscaping and yard care activities. Does not include
garbage, rubbish, trees or tree branches over three inches in diameter,
or tree stumps.
It is expressly prohibited for any person, except authorized
Town employees or persons with a contractual agreement with the Town,
to dump any solid waste on any public highways, rights-of-way or public
lands within the Town, except in those areas specifically designated
for refuse disposal, without the express written permission of the
General Manager.
The Director of Public Works shall establish rules and regulations
to effectuate the provisions of this chapter concerning the separation,
collection, removal, storage, hauling and disposition of refuse, recyclables,
bulky waste, yard waste, C&D waste, and HHW.
In addition to the penalties provided for in §
1-2 of this Code and §§
273-4F,
273-5C and
273-8 of this chapter, violation of any provision of this chapter may result in suspension of curbside collection.
The scavenging or the removal by any person other than the Town's
solid waste contractor or the property owner of recyclables which
have been placed in designated containers or curbside for collection
is prohibited. A violation of this section shall be considered an
infraction pursuant to Connecticut State Statutes governing infractions
and shall subject the violator to a fine of $90 per violation.
Pursuant to § 7-273aa of the Connecticut General Statutes
Annotated, which provides that any two or more Connecticut municipalities
may, by concurrent ordinances of their legislative bodies, create
a regional solid waste authority under the provisions of §§ 7-273aa
to 7-273oo, inclusive (Chapter 103b), to jointly manage solid waste
and recycling services on behalf of its members, the purpose of this
article is to create such a regional authority, to be known as the
"Central Connecticut Solid Waste Authority" (CCSWA). Upon adoption
of this article by two or more municipalities, CCSWA shall be created.
CCSWA is hereby created as a regional authority under the provisions
of Chapter 103b and shall have all the rights, powers, duties and
obligations of a regional authority pursuant to Chapter 103b and Chapters
446d and 446e of the Connecticut General Statutes Annotated.
The Town of Manchester (the "municipality") hereby designates
CCSWA as its regional solid waste authority, including its regional
resource recovery authority, and adopts the provisions of Chapter
103b in connection with this election to become a member of CCSWA;
provided, however, that this designation and membership election shall
not constitute a commitment of the municipality's solid waste
or recycling streams, and provided further that the municipality agrees
that it shall take no action, now or in the future, contrary to its
currently existing legal obligations and commitments, including, without
limitation, making any pledge of its municipal solid waste or recycling
streams to a disposal or recycling option chosen through CCSWA which
has an effective date commencing prior to the expiration date of any
currently existing waste stream commitment to another disposal or
recycling arrangement. By adopting this article, the municipality
shall not be obligated now or in the future to make any such commitment
of its solid waste or recycling streams, or to commit any funding
toward CCSWA, without further express authorization by its legislative
body.
The purpose of CCSWA shall be to solicit and jointly manage
solid waste and recycling services on behalf of its members.
The principal address of CCSWA shall be 241 Main Street, Hartford,
Connecticut 06106, c/o the Capitol Region Council of Governments.
The members of CCSWA shall be the municipalities, including
the municipality, which adopt this article. Each member municipality
shall be assigned to one of four subregions of CCSWA: (1) the Northwest
Subregion, (2) the Naugatuck Valley Subregion, (3) the Greater Capitol
Subregion or (4) the Shoreline Subregion.
The number of votes to be cast by each municipal member of CCSWA
at any meeting of the Authority's full membership shall be determined
in accordance with the following five-tiered voting system based on
the individual population of each municipal member compared to the
total population of all CCSWA municipal members (all such population
figures to be derived from the most recent annual data published by
the Connecticut Department of Public Health):
A. Each municipal member whose individual population is less than 1%
of the total population of all CCSWA municipal members shall have
one vote;
B. Each municipal member whose individual population is equal to or
greater than 1%, but less than 2%, of the total population of all
CCSWA municipal members shall have two votes;
C. Each municipal member whose individual population is equal to or
greater than 2%, but less than 5%, of the total population of all
CCSWA municipal members shall have three votes;
D. Each municipal member whose individual population is equal to or
greater than 5%, but less than 10%, of the total population of all
CCSWA municipal members shall have four votes; and
E. Each municipal member whose individual population is equal to or
greater than 10% of the total population of all CCSWA municipal members
shall have five votes.
Each municipal member shall appoint one representative to CCSWA,
which shall be the current chief elected official of the municipality
or that official's designee, and that representative shall exercise
the voting powers established for that municipal member as set forth
in this article. As long as the method of appointment and removal
and the term of office of each municipal member representative shall
be consistent with the first sentence of this section, the details
of such appointment, removal and term of office shall be as determined
by the appointing municipality; provided, however, that not more than
half of the terms of all such municipal representatives shall expire
within any one fiscal year.
There shall be at least one annual meeting of all municipal
members of CCSWA, to elect the members of the Executive Committee
and enact such other business as shall be deemed advisable at such
meeting, all as provided in the bylaws of CCSWA to be adopted after
its formation. It shall require the affirmative vote of a majority
of all CCSWA municipal members to enact the Authority bylaws or adopt
any amendments thereto, such vote to take place at a duly-called meeting
of the full membership of CCSWA, with proxy voting to be permitted
at such meeting.
The members and member representatives of CCSWA shall receive
no monetary compensation solely for their service as members and member
representatives of CCSWA; provided, however, that the ability of CCSWA,
if it chooses to do so in its sole discretion, to pay host community
compensation to municipal members which agree to host facilities owned
or used by CCSWA within their municipal borders shall not be affected
by this prohibition.
The full membership of CCSWA shall elect an Executive Committee to manage the operations of CCSWA; provided, however, that the specific division of responsibilities for such management between the Executive Committee, the full membership of CCSWA and any other body or officer of CCSWA shall be consistent with the bylaws of CCSWA to be adopted after its formation. No member of CCSWA shall have more than one representative on the Executive Committee, and each member of the Executive Committee shall have one vote, without regard to the voting system established by §
273-17 of this article for meetings of the Authority's full membership. The members of such Executive Committee shall constitute an odd number, shall include at least one representative of each of the five voting tiers established pursuant to §
273-17 of this article for meetings of the Authority's full membership, and shall also be determined by considerations of geographical representation based on the four subregions established under §
273-16 of this article, all such matters and the terms of office and appointment of such Executive Committee members and other matters pertaining thereto to be specifically determined in a manner consistent with the bylaws of CCSWA to be adopted after its formation.
This article is hereby adopted pursuant to and in compliance
with all laws governing the municipality's adoption of ordinances.