[HISTORY: Adopted by the Town of Barkhamsted: Art. I, Special
Town Meeting 2-11-1969 by Ord. No. 10; Art. II, Special Town
Meeting 6-20-1990 by Ord. No. 51. Section 160-2 amended during codification;
see Ch. 1, General Provisions, Art. II. Other amendments noted where
applicable.]
GENERAL REFERENCES
Regional Refuse Disposal District Charter — See Ch. A206.
[Adopted STM 2-11-1969 by Ord. No. 10]
No person shall deposit any garbage, refuse, animal matter,
bones, fat or other rejected, unwholesome or waste substance on any
property in the Town of Barkhamsted except at a public dump established
by the town, provided that this Article shall not be construed as
to prohibit the normal activities incident to the operation of farms
or agricultural enterprises within the Town of Barkhamsted or the
normal activities of householders residing within the town or activities
generally relating to the operation of forestry and landscaping enterprises.
All such material shall be stored in containers prior to removal to
either the Barkhamsted dump at such time as one is created and prior
to removal to any dump in any other town which is used for Barkhamsted's
purposes. There shall be no other public dump allowed in town other
than one created by the Town of Barkhamsted and under the control
of the Town of Barkhamsted.
Any person, firm or corporation found to be in violation of § 160-1 of this Article shall be fined not more than $100. Each day while any such violation exists shall constitute a separate offense.
[Adopted STM 6-20-1990 by Ord. No. 51[1]]
[1]
Editor's Note: The preamble to this ordinance read as
follows:
"Whereas, discarded nonbiodegradable packaging and plastic
contained within the waste stream of Barkhamsted is a fundamental
cause of problems associated with municipal waste disposal.
"Whereas, the chemical composition and ability of a substance
to biodegrade are meaningful and useful criteria to focus upon when
establishing public policy that is intended to improve the management
and disposal of solid waste, reduce the cumulative impact of litter,
encourage composting and other forms of recycling, minimize the potential
for toxic substances to form if solid waste is burned, reduce the
volume of ash by-products that may be created by any burning of waste
plastic packaging and otherwise anticipate environmental and health
problems that may be caused by municipal solid waste disposal programs.
"Whereas, the use of polystyrene and polyvinyl chloride for
food packaging is problematic and potentially damaging to the health
of the citizens of Barkhamsted because neither of these plastics are
readily recyclable; their abundant commercial use in lieu of other
plastics, such as polyethylene or polypropylene, unnecessarily complicates
the overall chemical composition of municipal waste and subtracts
from the possible emergence of a viable plastic recycling market for
this region; and polystyrene and polyvinyl chloride leave a relatively
heavier and therefore more expensive ash residue to dispose of which
may also create toxic chemicals that could be emitted into the general
environment of Barkhamsted.
"Whereas, there are readily available substitutes for most
of the polystyrene and polyvinyl chloride retail food packaging now
being used in Barkhamsted, the use of which alternatives would be
environmentally and economically advantageous to the health of the
people of Barkhamsted."
As used in this Article, the following terms shall have the
meanings indicated:
Packaging made of cellulose-based or other substances that
are capable of being readily attacked, decomposed, assimilated and
otherwise completely oxidized or broken down by bacteria or other
natural biological organisms into carbonaceous soil material or water
and carbon dioxide.
All food-related wrappings, adhesives, cords, bindings, strings,
bags, boxes and containers and disposable or nonreusable plates, cups
or drinking utensils intended for use within the Town of Barkhamsted.
Materials required by the State of Connecticut Department
of Environmental Protection to be recycled, as provided by C.G.S.
§ 22a-241b and the regulations issued in accordance therewith,
as they may be amended from time to time, and all beverage containers
having a refund value under the Connecticut Bottle Bill (C.G.S. § 22a-244).
Any restaurant, food operation or any other place, other
than a private residence, where food and drink is prepared or served,
with or without charge, for consumption on or off the premises, including
any catering establishment or any eating place, whether fixed or mobile,
restaurant, bar, cafe, cafeteria, industrial establishment, public
or private school, private club, coffee shop, tearoom, short-order
cafe, sandwich stand or any other type of food service operation and
any person, firm or corporation which sells, offers or keeps for sale
any groceries, confectionaries, meats, fish, vegetables or fruits
and all sales outlets, stores, shops or other places of business located
within the Town of Barkhamsted which operate primarily to sell or
convey foods directly to the ultimate consumer, which foods are predominantly
contained, wrapped or held in or on packaging. A "retail food establishment"
shall include but not be limited to any place where food is prepared,
mixed, cooked, baked, smoked, sold or offered for sale, including
but not limited to any fixed or mobile restaurant, drive-in, coffee
shop, cafeteria, short-order cafe, delicatessen, luncheonette, grill,
sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub,
roadside establishment, catering kitchen, commissary, grocery store,
public food market, food stand or similar place in which food or drink
is prepared for sale or for service on the premises or elsewhere and
any other establishment or operation, including homes, where food
is processed, prepared, stored, served or provided for the public
for charge.
A.
No retail food establishment located and doing business within the
Town of Barkhamsted shall sell or convey food within the Town of Barkhamsted
for removal from such establishment unless such food is placed, wrapped
or packed in biodegradable or recyclable packaging.
B.
No retail food establishment located and doing business within the
Town of Barkhamsted shall sell, give or provide eating utensils or
food containers to any consumer if such eating utensils or food containers
are composed of polystyrene or polyvinyl chloride.
The Board of Selectmen of the Town of Barkhamsted may promulgate
such regulations as may be necessary to carry out the provisions of
this Article.
This Article shall not be construed to require additional packaging
not otherwise required or requested.
Failure to comply with § 160-4 of this Article shall be punishable by a fine of not more than $100 for each day such violation continues to exist.
