[Ord. of 10-18-1990]
There is established a City solid waste recycling program.
[Ord. of 10-18-1990]
The City Director of Public Works shall be the administrator
of the recycling program and is vested with full powers to develop
and operate a recycling program consistent with this article, the
Inter-Community Agreement establishing the Southwest Connecticut Regional
Recycling Operating Committee and policies promulgated by SWEROC and
the laws and regulations of the state.
[Ord. of 10-18-1990]
The successful operation of the recycling program shall require
the issuance of regulations and instructions setting forth detailed
procedures to be followed by residents, businesses and institutions,
collectors and others. The administrator of the recycling program
is authorized and directed to promulgate such regulations and instructions,
to be binding upon all persons within the City, to effect an efficient
and economical recycling program consistent with this article, the
Inter-Community Agreement and applicable state laws and regulations.
[Ord. of 10-18-1990]
(a)
Residential: (As used herein "residential" is defined as one-, two-,
and three-family homes under one ownership and the residential portion
of owner-occupied home/office uses.)
(1)
On or after January 1, 1991, as determined by the administrator of
the recycling program, each person who generates solid waste from
residential property within Milford shall separate from other solid
waste all items required to be recycled pursuant to applicable state
laws and regulations, the SWEROC Inter-Community Agreement and policies
duly promulgated thereunder and such other material as may be designated
by the administrator, who shall prescribe procedures for the recycling
program.
(2)
The City shall make available to each residential property [as defined in Section 9-58(a) above], one SWEROC-approved recycling container. Additional approved or replacement recycling containers may be purchased through the public works department at a nominal prevailing fee as may be established from time to time by SWEROC.
(b)
Nonresidential [As used herein "nonresidential" is defined as condominium dwelling units, apartments in buildings containing more than three dwelling units, apartments in mixed use buildings and all commercial, industrial and other uses not specifically included in the residential definition contained in Section 9-58(a).]
(1)
On or after January 1, 1991, as determined by the administrator of
the recycling program, each person who generates solid waste from
properties other than residential properties shall make provision
for the separation from other solid waste all items required to be
recycled pursuant to applicable state laws, regulations, the SWEROC
Inter-Community Agreement and policies duly promulgated thereunder,
as well as such other items as may be designated by the administrator.
[Ord. of 10-18-1990]
(a)
The administrator of the recycling program shall be responsible for and shall arrange for the items required to be recycled and any other items designated pursuant to Section 9-58(a) above, which are generated from residential properties, to be collected and delivered to the regional intermediate processing center or to such other designated site.
(b)
The administrator of the recycling program shall take appropriate action to cause each owner of property used for business, institutional and other nonresidential purposes, at such owner's expense, to collect and have recycled the items required to be recycled and any other items designated pursuant to Section 9-58(b) which are generated from properties other than residential properties, in accordance with the provisions of this ordinance, the Inter-Community Agreement and applicable state laws and regulations.
(c)
To assist the City in monitoring the separation, collection, recycling
and sale of items required to be recycled that are generated from
properties other than residential properties, the administrator of
the recycling program may require such nonresidential generators to
submit plans for recycling to the City and may require such generators
to submit periodic reports to the City setting forth specified data
relating to the amount and nature of items recycled.
[Ord. of 10-18-1990]
(a)
Any commercial collectors hauling solid waste and/or recyclables generated by residential, business or other establishments within the City shall apply for a license within 30 days of the effective date of this article and shall otherwise be governed by the licensing provisions as set forth in Section 9-43, et seq. of the Milford Code of Ordinances. All collectors shall disclose the name of any other municipality in which such collector hauls solid waste.
(b)
The door of any private commercial vehicle used to haul recyclable
solid waste generated with the City shall be clearly marked with the
business name and address of the hauler.
(c)
The administrator of the recycling program shall, by mail, give notice of this article and any other provisions promulgated for the collection, hauling, processing and marketing of items required to be recycled to all commercial collectors registered under Subsection (a) of this section and Section 9-43 of the Milford Code of Ordinances. After such notice, any collector who has reason to believe that a person from whom he has collected solid waste has discarded items required to be recycled with such solid waste, shall promptly notify the administrator of the recycling program of the alleged violation. Upon request by the administrator of the recycling program, a collector shall provide a warning notice, by tag or other means, to any person suspected by the collector or by the City of violating separation requirements. Each collector shall also assist the City to identify any person responsible for creating loads containing significant quantities of items required to be recycled mixed with solid waste which are delivered to a resources recovery facility or solid waste facility by the collector.
(d)
On and after January 1, 1991, as required by Section 4(b) of Public
Act No. 90-220, the owner or operator of each resources recovery facility
or solid waste facility who has reason to believe, upon visual inspection,
that a load of solid waste which is delivered to the facility, contains
significant quantities of any items required to be recycled is required
to provide prompt notification of such belief to the driver of the
vehicles delivering the load and to the administrator of the recycling
program if the load originated within the City. Notices from collectors
and from operators of resources recovery facilities and solid waste
facilities shall be submitted to the administrator of the recycling
program. Under said Section 4(b) of Public Act 90-220, the owner or
operator of each resources recovery facility or solid waste facility
is also required to conduct unannounced inspections of loads delivered
to resources recovery facilities or solid waste facilities.
(e)
Any collector who dumps more than one cubic foot in volume of solid
waste at one time in an area not designated for such disposal or who
knowingly mixes other solid waste with items required to be recycled
shall for a first violation be liable for a civil penalty of $1,000
and for a subsequent violation shall be liable for a civil penalty
of $5,000. The City or the Attorney General, at the request of the
Commissioner, may bring an action under Section 3(f) of Public Act
90-220, which action shall have precedence in the order of trial as
provided in Section 52-191 of the General Statutes.
[Ord. of 10-18-1990]
The City, by action of the Board of Aldermen, may levy a charge
for the collection and/or processing of solid waste brought to a facility
for recycling.
[Ord. of 10-18-1990]
The City may contract with other persons for assistance in complying
with the provision of this article.
[Ord. of 10-18-1990]
SWEROC is designated as the City's regional agent to provide
the report due on July 1, 1991, and annually thereafter pursuant to
Section 2(e) of Public Act 90-220.
[Ord. of 10-18-1990]
If the City or a collector delivers items required to be recycled
to a recycling facility not located within the state, the administrator
of the recycling program or the collector shall notify, the Commissioner
of the name and address of the owner or operator of such out-of-state
facility and shall ensure, by contract, that such facility has notice
of and complies with the reporting requirements of Section 5 of Public
Act 89-386 as amended by Section 8 of Public Act 90-220.
[Ord. of 10-18-1990]
It shall be a violation of this article for any person not authorized
by the City to collect or pick up, or cause to be collected or picked
up, any recyclables which have been placed outside or otherwise set
aside for collection.
[Ord. of 10-18-1990]
(a)
Notwithstanding any other sections of the General Statutes to the contrary, the City, acting by the administrator of the recycling program, may impose a penalty not to exceed $500 for each violation by a commercial establishment of the requirements of Subsection (c) of Section 22a-241b of the General Statutes as amended by Section 1 of Public Act 90-220 as set forth in Section 9-58(b)(1) of this article.
(b)
The owner or operator of any resources recovery facility or landfill who fails to notify the City about the delivery of loads of solid waste originating from the City containing significant quantities of items required to be recycled as required by Section 4 of Public Act 90-220 and as set forth in Section 9-60(d) of this article, shall be subject to a warning by the City or the Commissioner for a first violation and to a civil penalty of $500 for any subsequent violation. If the City fails to receive such notification as required, the City may bring an action under Section 3 of Public Act 90-249.
(c)
Any person who violates the provisions of this article shall, in
addition to other legal remedies available to the City, be cited or
fined not more than $100 for each offense, and each violation of this
article or of regulations and instructions promulgated pursuant to
this article, shall be a separate violation. This article and the
regulations and instructions promulgated pursuant to this article
may be enforced by citations issued by the administrator of the recycling
program. Before issuing any citation the administrator of the recycling
program shall issue a written warning providing notice of the specific
violation in accordance with Section 7-148(c)(10)(A) of the General
Statutes. The Board of Aldermen shall have the power to review from
time to time all fines imposed under this section for fairness and
consistency.
[Ord. of 10-18-1990]
For the purposes of this article the following terms shall have
the meanings indicated:
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial and other establishments
within the City and particularly such person who has been authorized
by the City to collect solid waste within the City.
The Commissioner of Environmental Protection of the State
of Connecticut or his or her authorized agent.
The processing of solid waste to reclaim material therefrom.
