[HISTORY: Adopted by the Board of Selectmen of the Town of
Brookfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-4-1991]
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:
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."
Corrugated boxes and similar material and kraft paper materials
which are unwaxed and have a minimum of contamination by food or other
material.
Any person who holds himself out to collect refuse or solid
waste or recyclables from residential, commercial, industrial or other
establishments.
Mixed recyclables that are collected together.
The Department of Environmental Protection of the State of
Connecticut.
Any device used in generating electric current
through a chemical reaction, including but not limited to nickel-cadmium
batteries, carbon batteries and alkaline batteries.
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.
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.
A region consisting of those municipalities which are participating
in a regional recycling program under the management of HRRA.
The Housatonic Resources Recovery Authority.
An intermediate processing center which receives, processes
and markets recyclables.
The foliage of trees.
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:
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.
The person designated by the Board to administer the notice
and enforcement provisions of this article.
The Town of Brookfield.
Used or discarded newsprint, including newspaper advertisements,
supplements, comics and newsprint-type enclosures, which has a minimum
of contamination by food or other material.
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.
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:
Any individual, corporation, partnership, association or
other entity or organization, either public or private, of any kind.
Any item designated by the DEP or Board which can be separated
or diverted as defined below under the definition of "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.
The municipality's recycling dropoff facility, area
or areas as designated by the Board.
Any container designated by the Board for use as a residential
curbside recycling container for the storage and curbside collection
of recyclables.
Real estate containing one or more dwelling units, but shall
not include hospitals, motels, hotels or nursing homes.
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.
Discarded rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses,
tractors and trailers.
Lead-acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
Crankcase oil that has been utilized in internal combustion
engines.
A.
Separation. On or after January 1, 1991, each person who generates
solid waste from residential property within the municipality shall
separate from other solid waste those items designated as mandatory
recyclables and every other person who generates solid waste shall
make provision for the separation from other solid waste of those
items designated as mandatory recyclables.
B.
Glass and metal food and beverage containers. Glass and metal food
containers shall be treated as a single product for collection and
shall be placed commingled in the residential recycling container
rinsed and free of contamination, but without requiring the removal
of lids, labels, etc. Glass shall be unbroken and shall not include
dishes, crockery, spark plugs or plate or window glass.
C.
Newspaper. Newspaper shall be tightly packed in kraft grocery bags
or tied in bundles not exceeding 50 pounds in weight.
D.
Corrugated cardboard. Corrugated cardboard must be flattened and
tied into bundles not exceeding 50 pounds in weight and set next to
or under the residential recycling container.
E.
Only recyclables generated from residential sources shall be placed
for residential curbside collection. The collector shall deliver all
recyclables from residential properties to such locations as shall
be designated by the Board from time to time.
F.
Multifamily collection.
(1)
With respect to multifamily residential dwellings which are common
interest communities or condominiums, it shall be the responsibility
of the unit owners' association to educate the unit owners with
reference to the need and techniques for recycling and to either establish
a residential curbside collection program for recyclables for each
dwelling unit or to provide, at a convenient location, containers
of sufficient size and quantity to receive recyclable materials to
be collected from the dwelling units they are intended to serve and
to clearly label said containers for their intended use.
(2)
With respect to multifamily residential dwellings which are rental
units, it shall be the responsibility of the owner of the property
to educate the tenants with reference to the need and techniques for
recycling and to either establish a residential curbside collection
program for recyclables for each dwelling unit or to provide, at a
convenient location, containers of sufficient size and quantity to
receive recyclable materials to be collected from the dwelling units
they are intended to serve and to clearly label said containers for
their intended use.
G.
Other residential collection. All residents who are not served by
a collector shall arrange to dispose of their recyclables at such
dropoff locations as the Board shall prescribe. Occupants of premises
within the municipality must apply for a permit to be able to dispose
of these recyclables, and said permit shall be displayed in a manner
as the Director shall prescribe. Said permit may be revoked or suspended
for the reasons and in a manner prescribed for commercial licenses,
and appeals therefrom may be taken in the same manner.
H.
Other residential recyclables. All other mandatory recyclables generated
from residential properties and not collected by residential curbside
collection shall be delivered to such dropoff locations as the Board
shall prescribe.
I.
Recyclables from outside the municipality. The dumping or disposal
of recyclables at any location as designated by the Board from a source
outside of the municipality shall be prohibited. Any dumping or disposal
of recyclables from a source outside the municipality at a regionally
designated IPC in the name of the municipality shall be prohibited.
J.
Collection, handling and disposal. Collection, handling and disposal
of recyclables within or on behalf of the municipality shall only
be carried out by persons licensed by the municipality and in accordance
with all state and federal laws, including but not limited to the
Public Health Code of the State of Connecticut as it shall be amended
from time to time, and in a manner as not to pose a hazard or potential
hazard to public travel, health or safety or to become a nuisance
of any sort. Any recyclables collected or transported within the municipality
shall be carried in tightly covered vehicles or in tightly covered
containers in or on such vehicles. Any recyclables which are collected
or transported in open-top vehicles shall be suitably covered so as
to prevent scattering litter upon the streets. All vehicles used for
collection or transportation of recyclables within the municipality
shall be subject to approval of the municipal agent.
K.
Antiscavenging.
(1)
Upon placement of recyclables out for residential curbside collection
or upon delivery to any disposal location designated by the Board
pursuant to provisions of this article, it shall be a violation of
this article for any person other than the collector or the authorized
agents of the municipality acting in the course of their employment
to collect or pick up any such recyclables or cause the same to be
collected or picked up.
(2)
In addition to the fine imposed for violation of this provision,
the violator may be required to make restitution to the municipality
for the value of any materials illegally removed. Each and every such
collection or pickup in violation of this section from one or more
locations shall constitute a separate and distinct violation.
L.
Nothing in this article shall abridge the right of any person to
give or sell their recyclables, including deposit beverage containers,
to any person, provided that such materials have not been set out
for residential curbside collection or delivered to any disposal location
designated by the Board.
A.
The municipality shall, through the Board, designate where the following
items generated from residential properties shall be taken for processing
or sale: cardboard, glass food and beverage containers, leaves, metal
food and beverage containers, newspapers, storage batteries and waste
oil. The processing or sale of such items at any other area shall
be prohibited.
B.
The Board shall not give less than 60 days' notice of its intent
to designate where these items from the residential properties shall
be taken for processing or sale to all licensed collectors hauling
solid waste or such items of the municipality. At the conclusion of
such period, the Board shall cause notice of such designation to appear
in a newspaper of general circulation in the municipality and shall
conduct a public hearing thereon.
C.
The Board is hereby authorized to enact, from time to time, by resolution,
such regulations as it shall deem in the public interest regarding
separation, collection, recovery, removal and storage of recyclables
and enforcement of this article.
D.
The First Selectman shall, and is granted the authority to, designate
a person to be contacted by the DEP with inquiries regarding the recycling
program.
E.
The First Selectman shall, and is granted the authority to, designate
a municipal agent to receive complaints and notices of violations
of the separation requirements set forth in the Public Act No. 90-220
and this article.
F.
The Board is hereby authorized to add or delete, from time to time,
items on the list of mandatory and optional recyclables so long as
such action is not in conflict with the Connecticut General Statutes,
Department of Environmental Protection regulations or the Municipal
Recycling Service Agreement signed with the HRRA.
G.
The Board is hereby authorized to adopt a fee schedule and a method(s)
for ensuring payment of the fees and for depositing any and all recyclables
at any municipal or municipally designated disposal facility for recyclables.
H.
The Board, through resolution, shall adopt rules and regulations,
from time to time, governing any practice or procedures contained
in this article, provided that such rules and regulations are not
inconsistent with the Connecticut General Statutes, Department of
Environmental Protection regulations or any provisions of this article.
I.
The Board is hereby authorized to employ or make contracts with persons,
including the HRRA, for the separation, collection, transportation,
processing and/or marketing of recyclables, as provided for in Section
2(d) of Public Act No. 90-220, Section 22a-220(g) of the Connecticut
General Statutes, to carry out the provisions of this article.
A.
Any person collecting refuse or recyclables generated by residential,
business, commercial or other establishments in the municipality shall
annually register his business and each collection vehicle separately
with the municipality on forms prescribed by the municipal agent upon
or before the first day of July. Upon registration and payment of
an annual permit fee to be established by regulation by the Board,
each such collector shall be permitted to collect or continue the
collection of solid waste within the municipality.
B.
Each such collector shall disclose the name of any other municipality
in which such collector hauls such solid waste. The door of any private
vehicle used to haul solid waste shall be clearly marked with the
business name and address of the collector. Registrations shall not
be transferable from vehicle to vehicle.
C.
The Board is authorized and empowered prior to issuing a license
to require evidence of liability insurance in effect covering all
vehicles to be used to collect recyclables.
D.
The Board may further require that any collector tipping recyclables
at the IPC or other recycling facility designated by the Board shall
maintain a performance bond or other means to ensure payment with
the vendor of that IPC or the municipality.
E.
When any licensee shall sell or transfer all or part of his route
to another refuse collector presently licensed to collect refuse in
the municipality, he shall forthwith give written notice to the Director
at least seven days before the date of the sale or transfer stating
the name of the buyer or transferee and the date of such sale or transfer.
F.
No collector shall be required to provide collection services to
any customer who is more than 30 days delinquent in the payment of
the collector's fee. If the delinquent customer shall discharge
his delinquency, the collector shall immediately resume collection
services to the customer.
G.
No license shall be issued to any refuse or recyclables collector whose permit has been previously revoked twice. For purposes of this section, the ownership of collectors shall be determined pursuant to the standards set forth in this article in Subsection I of this section.
H.
During the period of any licensee suspension, no license shall be
issued:
(1)
To any person who is or was an owner of or partner in any unincorporated
business whose license, during the period of said ownership, was revoked
under the terms of this article or who owns or owned 50% or more of
the stock of any corporation whose license, during the period of said
ownership, was revoked under the terms of this article.
(2)
To any partnership or unincorporated business in which any owner
or partner is or was the owner of or partner in any unincorporated
business whose license, during the period of said ownership, was revoked
under the terms of this article or in which any partner or owner owns
or owned 50% or more of the stock of any corporation whose license,
during the period of said ownership, was revoked under the terms of
this article.
(3)
To any corporation in which the owner of 50% or more of the stock
is or was the owner of 50% or more of the stock of any corporation
whose license, during the period of said ownership, was revoked under
the terms of this article or is or was the owner of or partner in
any unincorporated business whose license, during the period of said
ownership, was revoked under the terms of this article.
I.
For purposes of the computation of the ownership of stock in any
corporation or the interest in any partnership or unincorporated business
under the provisions of this section, the interest of any person shall
include:
J.
The Board may require of any licensee or license applicant such information,
under oath, as it deems necessary for purposes of enforcement of this
section. To the extent permitted by law, such information shall not
be disclosed, except to the extent necessary for the determination
by the appropriate municipal authorities as to the compliance with
the provisions of this article.
K.
The license of any collector shall, after notice and hearing pursuant
to this article, be revoked for the violations listed in this article.
In addition, said collector shall be prohibited from dumping or depositing
any recyclables at the regional IPC or any other recycling facility
designated by the Board for a period of 30 days from the date of such
license revocation.
L.
It shall be a violation of this article for any collector to deposit
recyclables at any location other than a recycling facility which
has been designated by the Board.
M.
It shall be a violation of this article if any collector makes any
misrepresentations or omits any pertinent information from his permit
application or fails or refuses to provide the Board with any information
required by the Board or by the DEP.
N.
It shall be a violation of this article for any collector to deposit
at the recycling facility any material other than mandated recyclables
and optional recyclables which have been designated by the Board for
recycling.
A.
Prior to any action pursuant to the provisions of this article, the
Board shall hold a hearing, pursuant to the provisions of this section.
(1)
The First Selectman may cause the municipal agent to investigate
any allegation of a violation of the provisions of this article, and
if he or she shall determine that there is probable cause to believe
that such a violation has occurred, he or she shall refer said matter
to the Board for a hearing.
(2)
The First Selectman, who, pursuant to the provisions of this section,
shall preside at said hearing, shall give notice of the time and place
of said hearing and a general statement of the alleged violation,
including the date thereof, to the licensee by mailing such notice
by certified mail, return receipt requested, not less than seven days
prior to the date of said hearing, to the address of the licensee
or person.
(3)
The First Selectman shall preside at said hearing unless said First
Selectman shall be disqualified, in which event a Selectman shall
preside.
(4)
The licensee or person and the municipality shall have the right
to be represented by counsel.
(5)
All witnesses at said hearing shall be placed under oath, and each
party shall have an opportunity to cross-examine all witnesses to
be presented by the other.
(6)
Unless both the municipality and the licensee or person shall waive
the keeping of a transcript, a verbatim record of said proceeding
shall be kept. Either party shall have the right to order a copy of
said record upon the payment, in advance, of the cost thereof.
(7)
The rules of evidence shall not apply to any proceeding hereunder,
and, subject to the provisions of this section, the presiding Selectman
shall be permitted to accept such evidence as he or she shall deem
appropriate.
(8)
In the event that any member of the Board shall be a witness in the
proceedings, he or she shall be disqualified to act upon said complaint.
(9)
In the event that any member of the Board shall be disqualified to
act upon said complaint for any reason, the remaining members of the
Board shall select an elector of the municipality to replace said
disqualified member at said hearing.
B.
In the event that the Board shall determine, by a preponderance of
the evidence, that the licensee or person is in violation of any section
of this article, the First Selectman shall take such action as may
be proper under the provisions of this article. Notice of such action
shall be given to the licensee or person, in writing, by mailing thereof
by certified mail, return receipt requested, to said licensee or person
not less than five days prior to the effective date of said action.
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.
A.
Any collector found to have violated the separation and collection
requirements of this article shall be subject to a fine in the amount
of $100 for each offense. In addition, the municipality reserves the
right to suspend or revoke the license of any such collector. Any
collector whose license is either suspended or revoked as provided
for herein shall be entitled to a hearing in accordance with the provisions
of the Code of Ordinances.
B.
Any person who violates the provisions of this article shall be subject
to the following penalties:
(1)
Upon a first or second offense, the violator shall receive a written
warning.
(2)
Upon a third offense occurring within a period of one year from the
date of the original offense, the violator shall be subject to a fine
in the amount of $50.
(3)
Upon any subsequent offense occurring within the period of one year
from the date of the original offense, the violator shall be subject
to a fine of $100 and, in addition, shall be refused recycling collection.
C.
In accordance with the authority provided in Section 2 of Public Act No. 90-249, any commercial establishment that is found to have violated the provisions of Subsection (c) of Section 22a-241b of the Connecticut General Statutes shall be subject to a fine in the amount of $500 for each such violation.
D.
Any person who violates any other provision of this article shall
be subject to a fine of $100 for each such offense.
[Adopted 6-21-1993]
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:
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:
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].
|
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.
All large household appliances, commonly referred to as "white
goods," including, without limitation, refrigerators, stoves, washing
machines, drying machines and the like.
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.
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.
The Housatonic Resources Recovery Authority.
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial or other establishments
within the Town.
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.
Such official as may be designated by the Board of Selectmen.
Any individual, corporation, partnership, association or
other entity or organization of any kind.
Real estate containing one or more dwelling units, but shall
not include hospitals, motels or hotels.
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.
Wheelabrator Environmental Systems, Inc.
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.
A.
Collectors registered with and holding valid permits issued by the
Town pursuant to the provisions hereof shall deliver all acceptable
waste collected within the Town to the designated transfer station.
Only the Town and collectors so registered and permitted shall be
designated or otherwise authorized to collect and deliver acceptable
waste to the designated transfer station. In case of the temporary
unavailability of the designated transfer station, acceptable waste
may be delivered to another transfer station or site by the HRRA or
WES.
B.
No solid waste collected from outside the corporate limits of the
Town shall be disposed of at the designated transfer station under
a permit issued pursuant to the provisions of this article.
C.
No person shall drive or move any truck or other vehicle within the
Town of Brookfield unless such vehicle is so constructed or loaded
so as to prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public place.
D.
Collectors shall deliver acceptable waste only during the designated
transfer station's scheduled delivery days and hours or during
other published days and hours as agreed upon in advance by HRRA and
WES.
E.
Collectors shall use only vehicles that are in a safe and clean condition,
in good repair, with the capability of mechanically dumping their
contents, and which have a capacity of three tons or more.
F.
Collectors shall use only those highway routes designated by the
Town or by WES with the approval of the HRRA and the Town for the
delivery of acceptable waste to the designated transfer station.
G.
Collectors shall deliver acceptable waste in a clean, orderly and
safe manner and adhere to all reasonable rules and regulations as
made known to the collector by the Town or HRRA or by WES with the
approval of the HRRA at all times when vehicles and/or personnel of
the collector are at the transfer station.
A.
During the annual registration process required pursuant to the provisions
hereof, each collector shall obtain from the Town registration plates
or stickers which shall be conspicuously displayed on the left front
portion of the body of each vehicle or container to be used by the
collector in the collection and transportation of solid waste or in
such other location on said vehicle or container as the Town shall
direct. Each such registration plate or sticker shall remain the property
of the Town of Brookfield, even when affixed to a collector's
vehicle or container. Each such registration plate or sticker shall
be returned to the Town upon the written request of the Manager.
B.
During the annual registration process required pursuant to the provisions
hereof, each collector shall sign an affidavit of origin, under penalty
of false statement, stating that all acceptable waste disposed of
at the designated transfer station in the name of the Town or its
residents shall originate from within the corporate limits of the
Town.
C.
Prior to the sale or transfer of all or part of a collector's
solid waste collection route to any collector not registered with
or permitted by the Town in accordance with the provisions hereof,
the collector shall first notify the Manager, in writing, of his or
her intent to sell or transfer all or a part of the route. The nonregistered
collector shall, at the same time, make application for a permit to
operate in the Town.
D.
Prior to the annual issuance or renewal of its collection permit,
each collector shall report to the Town the number of tons of acceptable
waste collected monthly within Brookfield and deposited at the designated
transfer station. Said report shall be on a form supplied by the Manager.
E.
Each collector shall present a copy of his or her Town permit and
registration forms to WES and HRRA and shall properly display on each
vehicle or container a registration plate or sticker prior to delivering
applicable waste to the designated transfer station.
F.
Each collector shall provide insurance covering his or her operation,
which coverage shall name the HRRA, WES and the Town of Brookfield
as additionally insured. Such coverage shall include, but not be limited
to, general liability, automotive liability, excess liability, workers'
compensation and employer's liability in amounts deemed reasonable
and adequate by the Town. Each collector shall provide the HRRA, the
Town and WES with a certificate of insurance identifying the limits
of available insurance coverage and indicating that the issuing company
shall endeavor to afford the HRRA, the Town and WES not less than
30 days' written notice prior to the cancellation of any such
policy.
G.
Each collector shall provide to the Town of Brookfield and to HRRA
and WES a suitable performance bond, letter of credit or cash security
to insure the performance of its obligations hereunder.
H.
Each collector shall accurately identify for HRRA and WES the tonnage
of all acceptable waste collected by such collector within each municipality
and delivered to the designated transfer station.
I.
Each collector shall be responsible for the removal and disposal
of, or the cost of removal and disposal if performed by other than
the collector, of rejected waste, including:
(1)
Waste other than acceptable waste;
(2)
Waste delivered at other than established receiving hours;
(3)
Waste delivered in a manner or by means not in conformity with the
requirements hereof or of the SRRA/WES Waste Supply and Disposal Agreement;
or
(4)
Waste which WES is unable to accept as a result of a force majeure
event.
J.
Each collector shall be responsible for paying all reasonable costs
incurred in connection with handling, transporting and disposing of
any nonacceptable waste requiring special handling delivered to the
designated transfer station or facility by said collector.
K.
Each collector delivering acceptable waste to the designated transfer
station shall be responsible for the payment of all service fees charged
in connection with such delivery of acceptable waste as set forth
in the rules and regulations approved and adopted by HRRA and administered
by WES. All service fees shall be paid within 30 days from the date
of invoicing by the Town or WES. Service fees which are not paid within
30 days shall be subject to interest from the date of invoice at the
prime rate of interest as established on a periodic basis by the Connecticut
National Bank (now Shawmut Bank).
L.
WES may reject any or all deliveries from any collector who has not
made payment of any amounts due within 60 days from the invoice date.
M.
The Board of Selectmen may, by resolution, waive or modify any of
the provisions of this section whenever said Board finds that said
waiver or modification is necessary to conform the provisions of this
article to the rules and regulations adopted by HRRA and WES.
The licensing, hearing and enforcement provisions of the Brookfield
Recycling Ordinance adopted on February 4, 1991,[1] 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.