There is hereby established a program for the mandatory separation
of recyclables from garbage or rubbish within the Town of Brookfield
to comply with Public Act No. 90-220 and its subsequent regulations
mandating recycling, thereby providing for the health and welfare
of the citizens of the Town of Brookfield.
As used in this article, the following terms shall have the
meanings herein defined:
BOARD
The Board of Selectmen of Brookfield. When used in reference
to a voting body, it shall be taken to include the phrase "or a majority
thereof."
CARDBOARD
Corrugated boxes and similar material and kraft paper materials
which are unwaxed and have a minimum of contamination by food or other
material.
COLLECTOR
Any person who holds himself out to collect refuse or solid
waste or recyclables from residential, commercial, industrial or other
establishments.
COMMINGLED
Mixed recyclables that are collected together.
DEP
The Department of Environmental Protection of the State of
Connecticut.
DRY-CELL BATTERY
Any device used in generating electric current
through a chemical reaction, including but not limited to nickel-cadmium
batteries, carbon batteries and alkaline batteries.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package
food products suitable for human or animal consumption with a minimum
of contamination by food or other materials.
HDPE CONTAINER
Any high-density polyethylene bottle or container of any
size or shape used to store food, household laundry detergent or other
nonhazardous or toxic materials.
HOUSATONIC RECYCLING REGION
A region consisting of those municipalities which are participating
in a regional recycling program under the management of HRRA.
HRRA
The Housatonic Resources Recovery Authority.
IPC
An intermediate processing center which receives, processes
and markets recyclables.
MANDATED RECYCLABLES
Those recyclables which have been designated by the DEP and
any additional items which have been designated by the Board that
are mandated to be recycled within the municipality. Those items currently
designated as mandated are as follows:
METAL FOOD CONTAINER
An aluminum, bimetal, tin-plated, steel or other metallic
can, plate or tray of any size used to package food for human or animal
consumption which has a minimum of contamination by food or other
materials.
MUNICIPAL AGENT
The person designated by the Board to administer the notice
and enforcement provisions of this article.
NEWSPAPER
Used or discarded newsprint, including newspaper advertisements,
supplements, comics and newsprint-type enclosures, which has a minimum
of contamination by food or other material.
OFFICE PAPER
Any used or discarded high-grade white paper and manila paper,
including but not limited to paper used for file folders, tab cards,
writing, typing, printing, computer printing and photocopying, which
is suitable for recycling and which has a minimum of contamination.
For purposes of this article, the foregoing definition of "office
paper" shall exclude any such paper generated from residential sources.
OPTIONAL RECYCLABLES
Those recyclables which may be designated to be recycled
by the DEP or Board to be recycled through a voluntary or mandatory
pilot recycling program. Those items currently designated as "optional
recyclables" are as follows:
E.
Magazines and other nonmagazine printed matter.
PERSON
Any individual, corporation, partnership, association or
other entity or organization, either public or private, of any kind.
RECYCLABLES
Any item designated by the DEP or Board which can be separated
or diverted as defined below under the definition of "recycle."
RECYCLE
To separate or divert an item or items from the solid waste
stream for the purposes of processing it, causing it to be processed
or storing it for later processing into a material product, including
the production of compost, in order to provide for disposition of
the item or items in a manner, other than incineration or landfilling,
which will best protect the environment. Nothing in this definition
shall preclude the use of waste oil as a fuel in an oil burner or
scrap tires as fuel in an incinerator.
RECYCLING CENTER
The municipality's recycling dropoff facility, area
or areas as designated by the Board.
RECYCLING CONTAINER
Any container designated by the Board for use as a residential
curbside recycling container for the storage and curbside collection
of recyclables.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, but shall
not include hospitals, motels, hotels or nursing homes.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous
metals, aluminum, brass, lead, chromium, iron, nickel or alloys thereof,
including but not limited to white goods and metal food containers.
SCRAP TIRES
Discarded rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses,
tractors and trailers.
STORAGE BATTERY
Lead-acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
WASTE OIL
Crankcase oil that has been utilized in internal combustion
engines.
On or after January 1, 1991, any collector who has reason to
believe that a person from whom he collects solid waste has discarded
recyclable items with such solid waste in violation of the provisions
of this article or of Section 22a-241b of the Connecticut General
Statutes, as amended, shall promptly notify the municipal agent of
the alleged violation. Upon the request of the municipal agent, a
collector shall provide warning notices by the placement of tags to
any person suspected by the collector or the municipality of violating
the separation requirements of state law or this article. Each collector
shall also be required to assist the municipality in the identification
of any person responsible for creating loads containing significant
quantities of items subject to the separation requirements of state
law or this article which are delivered to a resources recovery facility
or solid waste facility by the collector and detected by the owner
or operator of such a facility pursuant to Subsection (b) of Section
22a-220 of the Connecticut General Statutes.
There is hereby established a program for the mandatory disposal
of acceptable waste generated within the Town of Brookfield in compliance
with Connecticut General Statutes Section 22a-220, thereby providing
for long-term disposal of wastes and providing for the health and
welfare of the citizens of the Town.
As used in this article, the following terms shall have the
meanings indicated:
ACCEPTABLE WASTE
All household garbage, trash, rubbish, refuse and combustible
agricultural, commercial, governmental and light industrial waste
now normally or which may be hereinafter collected and disposed of
by or on behalf of the Town, but excluding:
A.
Explosives and ordinance materials, pathological wastes, chemicals,
radioactive materials, oil, sludges, highly inflammable substances,
cesspool or other human wastes, human and animal remains, motor vehicles
or parts thereof, farm or other large machinery, nonburnable construction
materials and demolition debris (but home remodeling waste and debris
in reasonable quantities are not considered demolition debris) and
hazardous refuse of any type or kind
|
[including those addressed by regulations adopted by the United
States Environmental Protection Agency (EPA) pursuant to the Resource
Conservation Recovery Act of 1976, as amended, or other federal statutes
or adopted by the Connecticut Department of Environmental Protection
(DEP), such as, but not limited to, cleaning fluids, crankcase oils,
cutting oils, hazardous paints, acids, caustics, poisons, drugs, radioactive
materials, fine powdery earth used to filter cleaning fluid and refuse
of similar nature].
|
B.
Any item of waste exceeding six feet in any one of its dimensions
or being in whole or in part of a solid mass, the solid mass portion
of which has dimensions such that a sphere with a diameter of eight
inches could be contained within such solid mass portion.
C.
All large household appliances, commonly referred to as "white
goods," including, without limitation, refrigerators, stoves, washing
machines, drying machines and the like.
D.
All items designated from time to time by the Commissioner of
the Connecticut DEP pursuant to the provisions of Section 22a-241b(a)
of the General Statutes as suitable for recycling and such other items
as are actually recycled.
E.
All other items of waste which the Town and the Authority reasonably
believe would be likely to pose a threat to health or safety or the
acceptance and disposal of which may cause damage to the transfer
station or be in violation of any judicial decision, order or action
of any federal, state or local government or any agency thereof or
any other regulatory authority or applicable law or regulations. The
Town recognizes that some substances which are not, as of the date
of this article, considered harmful or of a toxic nature or dangerous
may be determined as such by DEP and/or EPA subsequent to the date
hereof as hazardous, toxic, dangerous or harmful, and at the time
of such determination such substances shall cease to be acceptable
waste.
COLLECTOR
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial or other establishments
within the Town.
DESIGNATED TRANSFER STATION
The transfer station to which the HRRA participating municipalities
shall cause their acceptable waste to be delivered for transfer by
WES to one or more resource recovery facilities.
MANAGER
Such official as may be designated by the Board of Selectmen.
PERSON
Any individual, corporation, partnership, association or
other entity or organization of any kind.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, but shall
not include hospitals, motels or hotels.
SOLID WASTE
Solid, liquid, semisolid or contained gaseous material that
is unwanted or discarded, including but not limited to demolition
debris, material burned or processed at a resource recovery facility
or incinerator, material processed at a recycling facility and sludges
or other residue from a water pollution abatement facility, water
supply treatment plant or air pollution control authority.
WES
Wheelabrator Environmental Systems, Inc.
TOWN
The Town of Brookfield.
The Town of Brookfield does hereby designate the Housatonic
Resources Recovery Authority System as described in the Municipal
Waste Disposal Agreement between the HRRA and the Town of Brookfield
dated November 21, 1991, including the transfer stations and facilities
of that system as may be designated by the HRRA from time to time,
as the location where acceptable solid waste originating in the Town
of Brookfield shall be taken for disposal.
The licensing, hearing and enforcement provisions of the Brookfield
Recycling Ordinance adopted on February 4, 1991, are hereby made a part of and are incorporated by reference
in this article, except that the definitions contained in this article
shall apply to said incorporated provisions.