[Ord. of 12-6-1971, § VI; Ord. 4-4-1983, § 1; Ord. of 10-1-1984, § 1;
amended 11-6-2014]
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle which is registered as a commercial motor vehicle under Section 14-1 of the Connecticut General Statutes and which has been issued commercial, dealer, camper, repaired vehicle, trailer or combination motor vehicle license plates by the Department of Motor Vehicles of the State of Connecticut.
Any motor vehicle with an enclosed forward passenger compartment
and an open or enclosed rearward compartment used for the transportation
of property.
[Ord. of 12-6-1971, § IV]
It shall be unlawful for any person to use, or cause to be used,
any City-owned, leased, operated or controlled refuse disposal area
except pursuant to the requirements of this article.
[Ord. of 12-6-1971, §§ III, IV; Ord. of 5-12-1980, § 3]
(a)
The Director of the City Public Works Department shall establish
hours for the public use of the municipal refuse disposal area, located
off Oronoque Road, or any other area which shall be officially declared
a municipal refuse disposal area.
(b)
It shall be unlawful for any person to use or cause to be used, any
City-owned, leased, operated or controlled refuse disposal area except
within the hours officially designated pursuant to this section.
[Ord. of 12-6-1971, §§ V, VII, XVIII; Ord. of 4-4-1983, § 2;
Ord. of 3-7-1988]
(a)
Use of the municipal refuse disposal area shall be limited to any
resident or taxpayer of the City, and to refuse generated within the
territorial limits of the City, except as provided in this article.
(b)
Any commercial refuse collector servicing the residents or taxpayers
of the City shall use the Milford Transfer Station, provided a City
disposal license has been obtained by the owner from the Director
of Public Works or his authorized agent and by payment of all the
fees, as provided in this article. Mixed loads of waste will not be
accepted.
[Amended 6-2-2014]
(c)
All commercial refuse collectors shall submit evidence satisfactory
to the Director or his authorized agent (i.e., the manifest) that
material to be deposited in the refuse area was picked up within the
limits of the City.
[Ord. of 12-6-1971, §§ XIII, XVI; amended 6-2-2014]
The use in or upon the Milford Transfer Station by the licensee
of vehicles other than those which are duly licensed by the Director
of Public Works or his authorized agent pursuant to Division 2 of
this article shall constitute a violation of this article, regardless
of the ownership or lease of such vehicle, and any licensee who shall
use, or cause to be used or allow to be used, in or on the Milford
Transfer Station, any collection vehicle other than the original vehicle
registered in such license shall be considered to be in violation
of this article.
[Ord. of 12-6-1971, § XIX]
No person shall deposit in the refuse disposal area any hazardous
materials. A hazardous material shall include: explosive materials;
rags or other waste soaked in volatile and inflammable materials;
drugs; poisons; radioactive materials; highly combustible materials;
soiled dressings, clothing, bedding and/or other wastes, contaminated
by infection or contagious disease; and other materials which may
present a special hazard to collection or disposal personnel or equipment
or to the public, or to the environment.
[Ord. of 12-6-1971, § XX; Ord. of 3-7-1988]
Any person, firm, association or corporation violating any provision
of these articles shall be punished by a fine of not more than $100
or imprisoned not more than 30 days, or both, for each offense thereafter.
Each day any violation of any provision of this article occurs shall
constitute a separate offense.
[Ord. of 9-14-1988; amended 6-2-2014]
(a)
For the purposes of this section "revenue" shall be defined as monies
collected as a result of charges levied by the City against haulers
in the form of tipping fees for the disposal of solid waste, including
but not limited to household and commercial refuse, oversized bulky
waste and white goods.
(b)
Fiscal year-end balances resulting from revenues in excess of expenses
arising from the City’s current contractual obligations with
disposal facilities, tipping fees, adjustments, annual charges, transfer
station operational expenses, administrative costs and ash residue
disposal fees shall be reserved in the general fund for future costs
of like nature.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
(a)
The Director of Public Works (Director) or his designee shall be
the licensing and registration authority for all solid waste collectors
and vehicles operating within the City. It shall be unlawful for any
person, firm or association to collect or remove solid waste in the
City or to transport the same upon or through any street or public
place of the City unless such person is an employee or agent of the
City assigned to such work, has been granted a license by the Director
to do so, is the employee of a person who has been so licensed, or
is the actual producer of such refuse within the City or his employee
then and there engaged in transporting the same from the premises
where produced to any area within the City where public disposal is
permitted.
(b)
It shall be unlawful for any employee of the actual producer of any
solid waste to collect, remove or transport such waste for more than
one actual producer thereof or for such employee or any producer to
combine or commingle within the City the waste of more than one producer
or for any person to act as the employee of more than one producer
for the purpose of collecting, removing or transporting such waste
upon or through any street or public place of the City unless such
person has been granted a license by the Director.
(c)
Each licensed solid waste collector shall obtain a separate registration
for each vehicle he operates within the City. Registrations shall
not be transferable from vehicle to vehicle; provided, however, that
the Director may allow such temporary transfer of registrations in
hardship situations, such as a temporary breakdown of an individually
licensed vehicle.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
Any person permitted by this chapter to collect, remove or transport
solid waste over the streets of the City shall use vehicles provided
with tight covers and/or so constructed and operated as to prevent
offensive odors escaping therefrom and refuse from being blown, dropped,
spilled or leaked therefrom.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
Limited exemption from disposal fees for certain vehicles.
(a)
The license and registration
fees for commercial motor vehicles and pickup trucks for the privilege
of engaging in the business of collecting or removing solid wastes
in the City or transporting the same through the streets or public
places of the City shall be as follows:
[Amended 11-6-2014]
(b)
Vehicles licensed under Subsection (a)(2) and (3) above shall be exempt from the refuse disposal fee set forth in Section 9-14(b) of the Milford Code of Ordinances, provided such vehicles are not used for hire and also do not make use of the refuse disposal facility more than four times in any month. For the purpose of this section, vehicles not used for hire shall include vehicles licensed under Subsection (a)(3) above which are used for the disposal of solid waste by or on behalf of charitable, religious or nonprofit organizations exempt from taxation for federal income tax purposes, provided that no mixed use loads shall be permitted. Vehicles not used for hire shall also include vehicles with a "farm" license plate. Vehicles not used for hire shall exclude any vehicle carrying loads acquired in connection with a commercial enterprise. Any exempt vehicle which uses said facility more than four times during any month shall lose its exempt status for said month and shall be liable for the refuse disposal fee for the fifth and any and all subsequent uses of the facility during said month for which the exemption is lost.
(c)
Payment of such fees shall be made in cash, certified check, or money
order payable to the City. No fees or portions thereof shall be refundable.
(d)
In order to assure the proper weights of loads under Subsection (a)(2) and (3) of Section 9-45, the maximum load allowed shall be 400 pounds per trip. If the weight of said load exceeds the allowable weight, the weigh-master shall have the right to require an additional per-pound charge for the overage, based upon the per-ton charge.
[Amended 11-6-2014]
(e)
Prior to issuance of any license and the collection of any license
or registration fees, the Director shall determine that the proposed
licensed operation: (1) will not create a nuisance; (2) will not create
or aggravate a traffic or health hazard; (3) will result in efficient,
prompt and cleanly collection service; and (4) will meet all state
health and safety standards as to construction of vehicles.
(f)
The Director shall establish such rules and regulations as are appropriate
for the administration of the provisions of this section.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
(a)
Any resident or taxpayer using a vehicle falling within the licensing provisions of Subsection (a)(3) of Section 9-45 may, in lieu of obtaining a license under this division, obtain a one-day permit to use the refuse disposal facility on the day the permit is issued.
(b)
The fee for such a permit shall be $5 payable in cash to the Director
of the Solid Waste Disposal Department or his authorized agent who
shall be responsible for issuing such permits.
(c)
Notwithstanding any other provisions hereof, the permit holder shall be subject also to payment of the refuse disposal fee as set forth in Section 9-14(b) of this Code, except that there shall be no charge for the first 400 pounds, and any overage shall be paid for at the established rate found in Section 9-14(b).
[Amended 11-6-2014]
[Ord. of 9-10-1990; Ord. of 12-3-1990]
(a)
Applications for licenses, renewals of licenses and vehicle registration
under this chapter shall be submitted in writing to the Director.
Each application shall contain the following information:
(1)
The name and address of the applicant. If the applicant is a proprietorship
firm or partnership, the names of all owners or partners shall be
listed; if the applicant is a corporation, the names and title of
each of the officers shall be listed.
(2)
The purpose for which the license is sought.
(3)
The area within which the applicant wishes to collect or transport
solid waste. The furnishing of specific addresses from which solid
waste collection will occur may be required at the discretion of the
Director.
(4)
The number, kind and capacity of the vehicles and other equipment
to be used for such purposes, together with their license plate numbers.
(b)
Each application shall be accompanied by the deposit of the license
and registration fee required by the provisions of this chapter. If
the application complies with the provisions of this chapter, the
Director shall specify the term for which such license is granted,
not to exceed one year, and, as a condition of granting the requested
license and/or registration, may impose such other conditions as he
may deem to be in the best interests of the public health and welfare.
If a license is not issued, the fee shall be returned to the applicant.
(c)
No application for a license by a private collector shall be accepted
unless accompanied by a statement acknowledging and authorizing City
inspection of any load carried or delivered under this chapter.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
(a)
Every license granted by the Director under this chapter shall cover
the following matters:
(1)
The name and address of the person to whom the license is issued.
(2)
The nature of the collection services which are authorized.
(3)
The term for which the license is granted (not to exceed one year).
(4)
A description, including the license plate numbers, of each vehicle
to be registered under the license.
(5)
Such other conditions as the Director may establish.
(b)
The Director shall issue to each licensed person one sticker for
each registered vehicle covered by the application, each of which
vehicles shall thereafter display such sticker in the lower right-hand
corner of the windshield as long as the license or registration is
in force.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
No license granted by the Director under this chapter or any
interest therein shall be given, sold, assigned, mortgaged or otherwise
transferred without the prior written consent of the Director.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
(a)
Any license granted by the Director under this chapter may be suspended or revoked by the Director if the Director finds and determines that the licensee has failed to comply with any of the terms of such license or of this chapter or rules and regulations duly promulgated hereunder or fails to render satisfactory collection services. Further, any license may be suspended or revoked in accordance with the provisions of Section 9-14(b) of this Code of Ordinances for failure to comply with mandatory requirements of delivering acceptable Milford solid waste to the Oronoque Road transfer station.
(b)
Suspensions and revocations shall become effective only after a public
hearing. The Director shall send a written notice of proposed suspension
or revocation to said collector, stating the reasons for such action.
The Public Works Committee of the Board of Aldermen shall, within
15 days of the date of such written notice, hear and decide the matter.
The collector, the Director and other persons invited by either of
them or by the Committee may appear and present such testimony and
evidence as they may wish. The Committee may revoke the license, suspend
the license for a time certain, decline to revoke or suspend the license
or make such other determination as may be appropriate in the circumstances.
(c)
The decision of the Public Works Committee shall be final and binding
upon the collector. No application for a license revoked under this
chapter shall be accepted for a period of one year from the date of
the Committee's action.
(d)
Notwithstanding anything to the contrary herein, the Director shall
have power to refuse permission to a collector to use the designated
solid waste disposal facility when in his opinion, such collector
has violated this chapter or any applicable rule or regulation.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
The Director shall have the authority to make such other reasonable
rules and regulations concerning collection, transportation and disposal
of refuse as he shall deem necessary, which shall take effect no less
than three days after posting at the Department of Public Works' offices
and at all designated solid waste disposal facilities.
[Ord. of 9-10-1990; Ord. of 12-3-1990]
Any person violating any of the provisions of this division
shall be deemed guilty of a violation and, upon conviction thereof,
shall be fined in an amount not to exceed $100 and be imprisoned for
a period not to exceed 30 days. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
[Ord. of 12-6-1971, § XII; Ord. of 8-7-1972, § 4; Ord. of 4-4-1983, § 12]
Commercial refuse collectors shall have the option of paying
cash at the refuse disposal area or of being billed on a monthly basis
for the refuse disposal fees levied under this division. If monthly
billing is selected, the owner of the vehicle must post a payment
of an indemnity bond in the amount of $10,000 satisfactory in form
to the City. Federal, state and governmental agencies located within
the City shall be exempt from posting the indemnity bond required
in this section. All bills shall be payable within 30 days and if
any bill remains delinquent for 60 days after date of billing the
Director of Finance shall notify the Solid Waste Disposal Department
and the Director of the Solid Waste Disposal Department or his authorized
agent shall suspend the privilege of using the solid waste disposal
area until full payment is made.
[Ord. of 6-5-1978]
Any vehicle owned by and registered in the name of the housing authority of the Town of Milford shall be exempt from the provision of this division (Sections 9-43 and 9-53) and shall be entitled to use the disposal facilities as set forth herein for the disposal of trash from housing authority property only upon supplying the Finance Director or his authorized agent with a copy of the registration of such vehicle or vehicles.
