[HISTORY: Adopted by the Legislative Council of the Town of Newtown 4-11-1990 (Ord. No. 67); amended 9-4-1991. Subsequent amendments noted where applicable.]
This chapter is hereby enacted in order to provide for the safe and sanitary disposal of all solid wastes which are generated within the boundaries of the Town of Newtown, thereby providing for the health and welfare of Newtown's residents.
As used in this chapter, the following terms shall have the meanings indicated below:
- BOARD OF SELECTMEN or BOARD
- The Board of Selectmen of the Town of Newtown, Connecticut. When used in reference to a voting body, it shall be taken to include the phrase "or a majority thereof."
- BULKY WASTE
- Land-clearing debris and waste resulting directly from demolition activities, other than clean fill.
- COLLECTOR OF RECYCLABLES
- Any person, firm or corporation holding out for hire to collect recyclables from residential commercial, industrial, or other sources.
- COMMERCIAL REFUSE HAULER
- Any person, firm or corporation, other than an incidental commercial user, as defined below, holding out for hire to pick up refuse from residential, commercial, industrial, or other sources.
- CURBSIDE RECYCLING BOX
- Any container designated as a curbside recycling container by the Board of Selectmen, for the collection and storage of recyclables.
- A building capable of providing complete living quarters, including complete kitchen and bathroom facilities.
- DWELLING UNIT
- Each part of a building of a multifamily development capable of providing separate quarters, including complete kitchen and bathroom facilities for one family.
- Animal, vegetable, or other organic wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- INCIDENTAL COMMERCIAL USER
- Any person, firm, or corporation, depositing or dumping refuse in the Town solid waste facility, which is incidental to his/hers/its business or trade, such as a building contractor, landscaper or gardener. An incidental commercial user shall be subject to a special permit as hereinafter required.
- MUNICIPAL SOLID WASTE or MSW
- That portion of the solid waste stream suitable for disposal, as determined by the Department of Environmental Protection of the State of Connecticut.
- Any item designated by the Board of Selectmen to be separated or diverted as defined below under "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 fuel in an oil burner, or scrap tires as fuel in an incinerator.
- RECYCLING CENTER
- The Town's recycling facility, area or areas as designated by the Newtown Legislative Council.
- Garbage and rubbish, excluding recyclables.
- RESIDENTIAL PROPERTY
- Real estate containing a dwelling or one or more dwelling units, but not including hospitals, motels, or hotels.
- That portion of municipal solid waste that is not garbage nor bulky waste.
- SCRAP METAL
- Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods and metal food containers.
- SCRAP TIRES
- Discarded rubber or synthetic rubber tires used by or manufactured for vehicles, including, but not limited to, automobiles, trucks, buses, tractors and trailers.
- SOLID WASTE
- Unwanted or discarded materials, including solid, liquid, semi-solid or contained gaseous material. This is an all-encompassing term including but not limited to garbage, rubbish, recyclables, bulky waste, and other separately identified waste streams.
- STORAGE BATTERIES
- Lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors, and like applications.
- TOWN LANDFILL
- The Town's solid waste disposal area situated on Route 25 at the southern end of Town, or any other areas so designated by the Newtown Legislative Council.
- TOWN SOLID WASTE FACILITY
- The Town solid waste handling facility area or areas as designated by the Newtown Legislative Council. This facility may include the Town landfill, transfer station, and/or recycling center.
- TRANSFER STATION
- The Town solid waste transfer facility, area, or areas as designated by the Newtown Legislative Council.
- WASTE OIL
- Crankcase oil that has been utilized in internal combustion engines.
The Newtown Legislative Council shall have the final authority to direct all solid waste, including recyclables, generated within the Town of Newtown to the appropriate solid waste facility or facilities pursuant to Section 22a-220a of the Connecticut General Statutes, as amended, regardless of whether such solid waste is generated by residential properties, or commercial, or business or other establishments, except as otherwise established by the Connecticut General Statutes.
The Newtown Legislative Council shall give, to all solid waste haulers and collectors of recyclables who hold permits issued by the Town of Newtown, not less than 60 days' notice of its intent to designate a disposal area for solid waste or to designate where residential recyclables shall be taken for processing or sale. At the conclusion of such period, the Legislative Council shall cause notice of such designation to appear in a newspaper of general circulation in the Town of Newtown and shall conduct a public hearing thereon. The Town shall take into consideration current private recycling efforts, the effects of its proposed designation of such recycling and the policy set forth in Section 22a-259 of the state statutes before designating where items generated from residential property shall be taken for process or sale.
The Board of Selectmen shall adopt rules and regulations from time to time governing any practice in §§ 199-10 through 199-24 and related practices concerning solid waste, provided that such rules and regulations are not inconsistent with this chapter. Said rules and regulations may include a schedule of fines for anyone violating the provisions of this chapter or its subsequent regulations.
Each person who generates solid waste from residential property shall separate all designated recyclables from all other solid waste to the extent required by law, and pursuant to all regulations established by the Board of Selectmen. All such generators shall be required to recycle all the items listed in § 199-12A and any other items pursuant to § 199-4B.
Every other person who generates solid waste from a source other than a residential property shall make provisions for the separation of all designated recyclables from all other solid waste, to the extent required by law, and pursuant to all regulations established by the Board of Selectmen. All such generators shall be required to recycle all the items listed in § 199-12A and any other items pursuant to § 199-4B.
Method of collection. For purposes of this chapter, the Board of Selectmen shall strive to apportion the Town into two or more districts in such a manner as to fairly distribute the opportunity for meaningful business investment by prospective commercial solid waste haulers. The Board of Selectmen shall enter into a contract for each district for collection of recyclables from all residential properties within each such district of the Town of Newtown, as established, subject to an appropriation for said contract by the Newtown Legislative Council. Said collection shall be done weekly at curbside for all residential properties. Contracts for the collection of recyclables shall be awarded to no less that two commercial solid waste haulers who are not in any way related to each other with respect to their principal business practices.
Commercial collection. For purposes of this chapter, the Board of Selectmen may provide in the above-mentioned contract or contracts for the curbside collection of recyclables from sources other than residential property so long as the volume of such recyclables put out for curbside collection by such other source does not exceed what would normally be contained in a curbside recycling box.
The Town shall notify by mail all refuse haulers and all collectors of recyclables, permitted by the Town, of the provisions made for the collection, processing and marketing of the items to be recycled.
The Board of Selectmen is hereby authorized to adopt a schedule of fees for depositing any and all solid waste in the Town solid waste facility, whether such deposits are made by refuse haulers, collectors of recyclables, incidental commercial users, or by individual residents of the Town of Newtown.
The Board of Selectmen shall establish a procedure for notification of violations of this chapter by generators of recyclables and refuse as well as a schedule of fines to be charged such generators for said violations.
Transportation and handling of solid waste shall be carried out in accordance with all state laws and regulations, including but not limited to the Public Health Code of the State of Connecticut as it shall be amended from time to time. No newspaper or other solid waste, clean or otherwise, shall be set out, stored, or transported in such a fashion as to cause it to blow away, become a hazard to public travel or safety, or otherwise create a public nuisance.
Any refuse hauler, after receiving notification from the Town of Newtown of the provisions for the collection, processing and marketing of recyclables, who has reason to believe that a person from whom he collects refuse has mixed recyclable items with such refuse in violation of § 199-5, shall promptly notify the Town of Newtown through its designated agent of the alleged violation. Such notification shall be on a form approved by the Town of Newtown.
Upon request from the Town or its designated agent, the refuse hauler shall provide the alleged violator with a notice of violation of this chapter in a manner and on a form approved or designated or provided by the Town of Newtown.
The refuse hauler shall assist the Town in identifying any person responsible for creating loads containing significant quantities of recyclables mixed with other solid waste which are delivered to the Town solid waste facility. The manager of the Town solid waste facility or his designated agent shall have the authority to determine whether said loads contain significant quantities of recyclables for purposes of determining whether the refuse hauler is in violation of this chapter.
All recyclables listed in Subsection A above shall be recycled in the manner set forth in this chapter and its subsequent regulations.
The following items are designated as "optional recyclables" subject to voluntary recycling and mandatory pilot programs. Such items shall be considered "recyclables" for the purposes of proper use of curbside recycling boxes, collection and transportation of recyclables, and depositing of recyclable material at the recycling center, when a program has been established through regulations pursuant to this chapter to handle these materials, and the materials are handled in accordance with said regulations.
The Town shall provide one free curbside recycling box to each dwelling or dwelling unit, unless such a box is to be provided as part of the contract per § 199-6.
The owner or occupant of a dwelling or dwelling unit shall label the curbside recycling box or cause said box to be labeled with the address where the box shall be used. All such boxes must be so labeled by the first time they are set out at the curb for recycling collection.
Said box shall remain the property of the Town, or the holder of the contract per § 199-6 if said contract holder provided the box.
Regulations for replacement of curbside recycling boxes or the supplying or purchase of additional said boxes for residents shall be determined by the Board of Selectmen. In case said boxes are provided by contract per § 199-6, such regulations shall be spelled out in the contract.
A curbside recycling box may be provided to a generator of recyclables other than a residential property, where such generator is included in the curbside recycling pick-up program pursuant to § 199-6.
Curbside recycling boxes shall be used only for the storage and curbside collection of recyclables.
Additional services beyond those offered by the Town contract § 199-6 may be rendered by the collector of recyclables if requested by a generator of recyclables, and a reasonable additional collection fee, subject to approval by the Board of Selectmen, may be charged by the collector to said generator, for the added service.
Except as may be otherwise excepted by statute, upon the placement of recyclables at the curb in a curbside recycling box, it shall be a violation of this chapter for any person, partnership, firm, or corporation, other than the depositor of such recyclables or authorized agents of the Town acting in the course of their employment or contract, to collect or pick up, or cause to be collected or picked up, such recyclables.
Each and every such collection or pick up in violation of Subsection A of this section from one or more locations shall constitute a separate and distinct offense.
Any person, partnership, firm, or corporation violating Subsection A of this section may be fined. The schedule of such fines is to be established by the Board of Selectmen.
In addition to any fine per Subsection C of this section, the offender, at the option of the Board of Selectmen, may be required to make restitution to the Town of Newtown for the value of any materials illegally removed.
Nothing in this chapter shall abridge the right of any person, partnership, firm, or corporation to give or sell their recyclables, including deposit beverage containers, to any person, partnership, firm, corporation, or recycling program lawfully operated for profit, nonprofit, or charitable purposes, provided that such materials shall not have been set out on the curb, or at any designated collection or pick-up site authorized by the Town or its designated agent.
The dumping or disposal in the Town solid waste facility of any solid waste from a source outside of the Town of Newtown is prohibited. However, such dumping or disposal in the Town solid waste facility of recyclables originating outside of the Town of Newtown may be permitted by regulations established by the Board of Selectmen.
There shall be no scavenging at the Town solid waste facility unless authorized by the Board of Selectmen.
Dumping of solid waste, including recyclables, in areas or facilities not designated for such disposal by the Town of Newtown is prohibited and subject to fines as set by the Board of Selectmen. The dumping of any refuse containing a significant quantity of recyclables is prohibited, anywhere, and subject to fines as set by the Board of Selectmen.
No commercial refuse hauler shall deposit or dump any refuse in the Town solid waste facility without first obtaining a permit to do so.
Such permit application shall include a disclosure of any other town or towns in which the applicant hauls solid waste. Once permitted, said permittee shall notify the Town of Newtown of any changes with respect to his hauling in other towns.
The door of any private vehicle used by any refuse hauler or collector of recyclables, to haul solid waste, including recyclables, shall be clearly marked with the business name and address of the refuse hauler or collector of recyclables.
During the period of any permit suspension, no permit shall be issued:
To any person who is or was an owner of or partner in any unincorporated business whose permit, during the period of said ownership, was revoked under the terms of § 199-20 or who owns or owned 50% or more of the stock of any corporation whose permit, during the period of said ownership, was revoked under the terms of § 199-20.
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 permit, during the period of said ownership, was revoked under the terms of § 199-20 or in which any partner or owner owns or owned 50% or more of the stock of any corporation whose permit, during the period of said ownership, was revoked under the terms of § 199-20.
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 permit, during the period of said ownership, was revoked under the terms of § 199-20 or is or was the owner of or partner in any unincorporated business whose permit, during the period of said ownership, was revoked under the terms of § 199-20.
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:
Any interest owned by the spouse of said person, if said person and said spouse shall file a joint tax return for purposes of federal or state tax.
Any interest owned by any person whom said person shall claim as a dependent upon his or her federal or state tax return.
The Board of Selectmen may require of any permittee or permit 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 compliance with the provisions of this chapter.
The permit of any commercial refuse hauler shall, after notice and hearing pursuant to Subsection B of this section, be revoked for the violations listed in Subsection A(1) through (5). In addition, said commercial refuse hauler shall be prohibited from dumping or depositing any solid waste in the Newtown Town solid waste facility for a period of 30 days from the date of such permit revocation.
Dumping or depositing any solid waste originating from a source outside of the limits of the Town of Newtown, except as otherwise provided herein.
Depositing of any refuse in other than the authorized facility.
Refusing to remove or cause to be removed any solid waste deposited at other than the authorized facility, when ordered to do so by the Board of Selectmen or its designated agent.
Any material misrepresentation or omission in the filling out of any permit application or in providing information pursuant to this chapter.
Investigations and hearings.
Prior to any action pursuant to the provisions of Subsection A of this section, the Board of Selectmen shall hold a hearing, pursuant to the provisions of this subsection.
The First Selectman may cause the Town Attorney to investigate any allegation of a violation of the provisions of §§ 199-19 through 199-24, 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 of Selectmen for a hearing.
The Selectman who, pursuant to the provisions of Subsection B(1)(c) 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 permittee by mailing such notice, certified mail, return receipt requested, not less than seven days prior to the date of said hearing, to the address set forth upon the permit.
The First Selectman shall preside at said hearing unless said First Selectman shall be disqualified, in which event the Selectman commonly known as the "Second Selectman" shall preside.
The permittee and the Town shall have the right to be represented by counsel.
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.
Unless both the Town and the permittee 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.
The rules of evidence shall not apply to any proceeding hereunder and, subject to the provisions of Subsection B(1)(e), the presiding Selectman shall be permitted to accept such evidence as he or she shall deem appropriate.
In the event that any member of the Board of Selectmen shall be a witness in the proceedings, he or she shall be disqualified to act upon said complaint.
In the event that any member of the Board of Selectmen shall be disqualified to act upon said complaint for any reason, the remaining members of the Board shall select an elector of the Town to replace said disqualified Selectman at said hearing. If the remaining Selectmen are unable to agree upon said replacement, the Newtown Legislative Council, acting at a regular or special meeting, shall select said replacement.
In the event that the Board of Selectmen shall determine, by a preponderance of the evidence, that the permittee is in violation of Subsection A of this section, the Selectman presiding at said hearing shall take such action as may be proper under the provisions of §§ 199-19 through 199-24. Notice of such action shall be given to the permittee, in writing, by mailing thereof, certified mail, return receipt requested, to said permittee at the address set forth on the permit not less than five days prior to the effective date of said action.
An incidental commercial user shall not deposit or dump any solid waste in the Town solid waste facility without first obtaining a permit to do so from the designated agent of the Board of Selectmen. The permit shall be valid for a period of one day and shall only be issued to the incidental commercial user upon satisfactory proof that the solid waste to be dumped or deposited in the Town solid waste facility originates from a source within the Town of Newtown.
A resident of the Town of Newtown shall not deposit or dump any solid waste in the Town solid waste facility without first obtaining a permit to do so from the designated agent of the Board of Selectmen. Such permit shall be valid for a period not to exceed two years and shall be issued upon satisfactory proof that the applicant is a resident of the Town of Newtown, and such permit shall be used for solid waste generated from his or her residence only. Said permit may, but need not, be combined with other functions requiring Town residency, such as use of parks and pools.
Said permit shall be deemed automatically revoked if the permittee is no longer a resident of the Town of Newtown.
All solid waste is subject to inspection from the time it is placed at the curb or in a dumpster, through and including the time it arrives at the ultimate disposal area.
Said inspection may be carried out by the Town Recycling Coordinator; the Director of Public Works; the Director of Health or his or her designated agent or by any member of the Board of Selectmen or its designated agent, or the manager of the Town solid waste facility.
The commercial refuse hauler responsible for pick-up of a particular load of refuse or recyclables may inspect said refuse or recyclables at curbside or in dumpsters for the purpose of determining proper separation of solid waste as set forth in this chapter and its subsequent regulations.
An informational or warning notice may be given orally or in writing by any authorized person, whether a Town employee or a commercial hauler or a collector of recyclables, whenever any provision of this chapter is violated by any person, partnership, firm, corporation, or association.