[HISTORY: Adopted by the Town of East Haddam as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 183.
[Adopted 3-12-1940; amended 8-15-1968]
The Town shall provide for the upkeep of a public dumping ground
with an attendant in charge. The Selectmen shall be empowered to choose
a committee to work with them.
A.
The Board of Selectmen shall be authorized to regulate the hours
when the refuse area shall be open to the public.
B.
Dumping shall be done only when a Town custodian is on duty.
C.
Only residents of the Town of East Haddam may be allowed use of the
refuse area. A form of identification must be displayed as proof of
residence.
D.
There will be no lighting of fires except in accordance with law
or regulations set by the State Department of Public Health.
E.
There will be no littering in or around the refuse area. Dumping
in areas other than those authorized by the custodian will be considered
littering.
F.
No commercial refuse or waste collector will be permitted use of
the Town refuse area unless he first registers his name and address
with the Public Works Director, upon which he will receive an identification
number which will serve as a permit. If such collector should violate
any of the Town ordinances or state regulations regarding refuse,
his registration may be revoked, in which case he will be refused
the privileges of using the refuse area. The revocation shall be governed
by the majority vote of the Board of Selectmen after a hearing with
the refuse collector present.
[Amended 3-28-2018]
[Amended 3-28-2018]
Violation of this article shall be punishable by a fine of not
more than $250. Each provision of this article shall be determined
separate from all other provisions.
[Adopted 7-24-1990]
As used in this article, the following terms shall have the
meanings indicated:
Garbage, trash, rubbish, refuse and other solid waste normally
collected and disposed of by the Town of East Haddam. The following
are included within the term "acceptable waste":
Lumber not exceeding six feet in length or six feet in width
or four inches in thickness.
Metal pipe, tracks or banding, wire and cable not exceeding
three feet in overall length or 1 1/2 inches inside diameter.
Cans or drums, no larger than five-gallon capacity, with tops
removed and empty.
The duly elected Board of Selectmen of the Town of East Haddam.
As defined by the State of Connecticut Department of Energy
and Environmental Protection.
Any person, firm, partnership, association or corporation
who or which collects, transports and/or dumps garbage for the payment
of a fee.
The depositing, discharging, placing and/or disposing of
garbage by any person.
As defined by the State of Connecticut Department of Energy
and Environmental Protection.
Includes only such commercial collector which is the holder of a valid current and unexpired license issued by the Board of Selectmen pursuant to the provisions of § 279-6 of this article.
Acceptable waste too large to be processed in most resource
recovery facilities and normally disposed of in a landfill. Generally,
includes any individual items which, uncompacted, are greater than
four feet high by four feet wide by four feet long, and includes household
furniture such as sofas, mattresses, and appliances and industrial
material such as paper butts or rolls, plastic or leather stamping
or similar material.
Includes, but not limited to, individuals, societies, associations,
municipal corporations and/or its agents and employees, firms, partnerships,
associations and corporations.
Any material so designated by the laws or regulations of
the State of Connecticut and/or the East Haddam Board of Selectmen,
pursuant to § 279-10C.
Includes only the following:
The area that has been designated by the Town of East Haddam
and is presently in operation.
A.
Only licensed commercial collectors and residents of the Town of
East Haddam shall be permitted to dump garbage in or at the solid
waste disposal facility.
B.
No garbage collected and/or generated outside of the corporate boundaries
of the Town of East Haddam shall be dumped or caused to be dumped
at the facility by any person, resident, or commercial collector,
licensed or otherwise.
C.
Prior to allowing the dumping of any solid waste in the facility,
the Board of Selectmen or its agents and employees or the First Selectman
may require any person, including but not limited to a licensed commercial
collector, seeking to dump garbage to certify in writing, under penalties
of false statement as provided in the General Statutes of Connecticut,
that the garbage to be dumped was not generated or collected outside
the Town of East Haddam. Any licensed commercial collector refusing
to provide certification in writing as specified in this subsection
as to any load of garbage shall not be permitted to dispose of the
garbage in the facility and shall be ordered to remove his vehicle
from the facility immediately.
D.
Prior to permitting any person other than a licensed commercial collector
to dump garbage in the facility, the Board of Selectmen or its agents
and employees or the First Selectman may require that person, or that
person's agent or employees, to present satisfactory proof of residence
within the Town of East Haddam.
E.
Dumping shall be permitted only at times and on days established
by the Board and in particular locations as designated by the Board
through its agents or employees on duty. No person shall enter or
be permitted within the facility except during the hours when the
area is open to the public and the custodian is on duty.
F.
All solid waste shall be secured in transit in such a manner so as
to prevent the waste from being scattered on roads and highways.
G.
No hazardous materials and/or hazardous waste shall be dumped at
the facility without approval of the Board of Selectmen.
A.
No person engaged in the business of collection or disposal of garbage
shall deposit garbage in the facility without first obtaining a license
from the Board.
B.
All licenses shall be for a period of one year from date of issuance.
The license fee shall be paid in advance of granting said license.
The fee for a license shall be set by the Board of Selectmen. For
fiscal year 2023 to 2024 this fee will be set at $500 and will not
be increased more than 25% annually in subsequent years.
[Amended 3-28-2018; 11-1-2023]
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 transport garbage into the facility.
D.
Any licensee owning more than one vehicle and one removable body
will provide a list of all vehicles and removable bodies to the Board.
Changes in vehicles or removable bodies used to transport garbage
to the facility shall be provided by the licensee as changes occur.
The list shall designate each vehicle by Connecticut registration
number, cubic yard capacity, tare weight and gross weight; and each
removable body by identification number, cubic yard capacity, tare
weight, and gross weight.
E.
A licensed commercial collector attempting to deposit garbage in
the facility which was collected or generated in a town other than
East Haddam shall be ordered by any member of the Board of Selectmen,
or its employees or agents or by the First Selectman, to remove the
vehicle from the facility area immediately, notwithstanding the fact
that part of said load of garbage was collected or generated in the
Town of East Haddam.
F.
Licenses must be in the possession of the operator of a vehicle described
in the license and shall be shown on request at the time of dumping.
No commercial collector shall be allowed to dump a load of garbage
in the facility if the operator of the vehicle fails to have said
license in his possession or fails to show said license on request.
In such instances, such vehicle shall be ordered by any member of
the Board of Selectmen or any of its employees or agents, or by the
First Selectman, to be removed from the facility immediately.
G.
It shall be the responsibility solely of the licensed hauler to ensure
proper separation of materials discarded at the Town facility. The
hauler shall notify the Town's agent of any/all violations by its
customers.
A.
No person shall, without prior written permission of the Board of
Selectmen, deposit any stump at the bulky waste area of the facility
the dimensions of which exceed 24 inches in height or 24 inches in
width.
B.
Stumps not exceeding 24 inches in diameter may be deposited at the
facility, provided that a permit is first obtained from the Board
of Selectmen. A disposal fee for stumps will be collected as set by
the Board of Selectmen based on the actual disposal costs to the Town
of East Haddam.
C.
All commercial operations in the Town of East Haddam partially involving
stump removal are encouraged to dispose of such stumps utilizing an
approved alternative manner and shall chip all brush, limbs and branches.
A disposal fee for chipped wood products will be collected as set
by the Board of Selectmen based on the actual disposal costs to the
Town of East Haddam.
D.
Vehicle tires may be deposited at the facility, at a disposal fee
as set by the Board of Selectmen based on the actual disposal costs
to the Town of East Haddam.
E.
No person shall deposit at the facility any icebox, refrigerator
or other container which has an airtight door or lid, snap or other
locking device which may not be released from the inside without first
removing said door or lid, snap lock or other locking device from
said icebox, refrigerator, or container. A disposal fee for large
appliances will be collected as set by the Board of Selectmen based
on the actual disposal costs to the Town of East Haddam.
F.
Demolition material may be deposited, provided that a permit is first
obtained from the Board of Selectmen. A disposal fee shall be collected
as set by the Board of Selectmen on a per-cubic-yard basis based on
the full registered capacity of the vehicle or container dumping and
based on the actual disposal costs to the Town of East Haddam.
G.
No person shall dispose of any motor vehicles at the facility except
as follows: motor vehicle parts will be accepted from commercial establishments
operating within the Town of East Haddam and licensed by the State
of Connecticut, at a disposal fee set as by the Board of Selectmen
based on the actual disposal costs to the Town of East Haddam.
H.
Oversized waste may be deposited, provided that a disposal fee is
collected as set by the Board of Selectmen based on the actual disposal
costs to the Town of East Haddam.
A.
Each commercial collector who violates any of the sections of this
article shall be subject to a fine in an amount not exceeding $1,000.
Any resident who violates any section of this article shall be subject
to a fine in an amount not exceeding $1,000.
[Amended 3-28-2018]
B.
Each commercial collector who violates any of the sections of this article shall be subject to the following penalties in addition to the fines set forth in Subsection A of this section: in the event of two or more violations within any calendar year, suspension of the right to dump at the facility for the remainder of the calendar year or for a period of time not to exceed six months, whichever is greater.
C.
The Board of Selectmen shall post notice in conspicuous locations
in and around the facility informing persons of the penalty for violating
this article.
A.
Any commercial collector whose right to dump at the facility has been suspended under § 279-8 of this article, within five calendar days of the receipt of written notice of such suspension, may apply in writing to the First Selectman for reinstatement of the right to dump in the facility.
B.
Filing such an application will stay the suspension until the Board
of Selectmen issues a decision as stated below.
C.
Within five calendar days of the filing of the application, the First
Selectman shall set a date for a hearing on the application, which
date shall be within 10 calendar days of the filing of the application,
and shall give written notice of the time and place of the hearing
to the commercial collector.
D.
At such hearing, the commercial collector may present evidence in
support of its claim that its right to dump at the facility should
not be suspended. The commercial collector may be represented by counsel
and may present testimony, documentary or other evidence in support
of its position, and may cross-examine any persons testifying against
it.
E.
If the Board of Selectmen, based on evidence presented at the hearing,
decides that the commercial collector's right to dump at the facility
should be reinstated, it shall so advise the commercial collector
in writing, whereupon such suspension shall end. If the Board of Selectmen
decides that the commercial collector's suspension should stand, it
shall so advise the commercial collector in writing. Notification
to the commercial collector of the decision shall be sent by certified
mail and such decision shall become effective upon receipt by the
commercial collector.
A.
The Board of Selectmen is authorized to adopt reasonable rules and
regulations to put this article into effect. Such regulations shall
be in writing and shall be effective upon publication in a newspaper
having general circulation in the Town of East Haddam.
B.
The Board of Selectmen is authorized to determine the amount of fee
per each assessed material based on actual disposal costs to the Town
of East Haddam.
A.
The goal of this section is to achieve and surpass a recycling level
of 25% of East Haddam's waste stream.
B.
No person shall deposit or attempt to deposit refuse in the facility which has not been separated according to the regulations pertaining to separation of all applicable recycled materials as defined in § 279-4 and adopted pursuant to § 279-10A. Bulky waste materials, including but not limited to tires, brush and stumps, furniture, mattresses, appliances, etc., and demolition materials, are permitted to be deposited, as specified herein, in the facility at locations designated by the Board of Selectmen or its agents and employees, but only by licensed commercial collectors and residents of the Town.
C.
Each load of refuse transported to the facility by any commercial
collector or resident will be subject to inspection by any member
of the Board of Selectmen, prior to permission being granted to dispose
of the load of refuse at the facility. Refuse which has not been separated
in accordance with current recycling materials regulations shall not
be permitted to be deposited at the East Haddam facility.
