[Adopted 2-28-1991; amended 1-17-1995]
The Board of Selectmen of the Town of Windsor Locks is hereby
authorized to enact from time to time such regulations as it shall
seem in the public interest regarding the separation, recovery, collection,
removal, storage and disposal of solid waste. Such regulations shall
become effective 30 days after publication in a daily newspaper having
general circulation in the Town of Windsor Locks, and shall be immediately
posted in a conspicuous place in the Town Hall.
The Board of Selectmen of the Town of Windsor Locks is authorized
to employ or make contracts with individual persons or corporations
for the separation, recovery, collection, transportation, storage
or disposal of solid waste from residential property. The separation,
recovery, collection, transportation, storage or disposal of solid
waste from commercial and industrial property is the responsibility
of the respective occupants and not the Town of Windsor Locks.
For the purpose of this article, the following definitions shall
apply:
Any property used for trade, business or industrial purposes,
including, but not limited to, apartment buildings having more than
six dwelling units and business condominiums.
The emptying of refuse and recycling containers and the collection
of their contents and other approved articles for collection and disposal,
placed by the occupant of a dwelling unit at a point immediately to
the rear of the sidewalk (where one exists) or between the edge of
the pavement and the property-line where no sidewalk exists. After
contents are emptied, the container shall be replaced to the original
location prior to emptying.
Any waste material, except by-product material, source material
or special nuclear material, as defined in Section 22a-151 of the
Connecticut General Statutes, which may pose a present or potential
hazard to human health or the environment when improperly disposed
of, treated, stored, transported or otherwise managed, including:
Hazardous waste identified in accordance with Section 3001 of
the Federal Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§ 6901 et seq.);
Hazardous waste identified by regulation by the Department of
Environmental Protection; and
Polychlorinated biphenyls in concentrations greater than 50
parts per million.
Hazardous waste is any solid, liquid or containerized gas that
can catch fire easily, is corrosive to skin tissue or metals, is unstable
and can explode or release toxic fumes. Some of these substances include
cleaning fluids, crankcase oil, oil-based paints, explosive acids,
caustics, poisons, drugs, pool chemicals, antifreeze, and flashlight
batteries. Residents are encouraged to utilize proper disposal options
when available for these materials. Your cooperation is imperative.
Any discarded solid wastes which are designated by the Town
of Windsor Locks to be recyclable as defined herein or such recyclables
which are mandated by the Connecticut Statutes or regulations of the
State of Connecticut to be separated and collected apart from other
solid and liquid wastes. For purposes of this article, the materials
listed below are designated as recyclables and with the exception
of scrap metal are collected curbside on a weekly basis:
NEWSPAPERUsed or discarded newsprint which has a minimum of contamination by food or other materials. Newspapers, advertising supplements, magazines, junk mail, white office paper, phone books, brown paper bags, comics and enclosures are included.
LEAVES AND YARD WASTESIncluding but not limited to yard wastes and other vegetative matter, excluding brush and branches, which should be put out with the regular trash.
CARDBOARDCorrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other material. Cereal, shoe and pizza boxes are excluded as well as waxed or plastic-coated cardboard.
GLASS FOOD CONTAINERSGlass bottles or jars (clear, green, and brown) of any size or shape used to package food products suitable for human or animal consumption, which are rinsed clean, without tops, covers, corks.
METAL FOOD CONTAINERSAny aluminum, bimetal, steel, tin-plated steel or other metallic cans, which are rinsed clean.
SCRAP METALStoves, freezers, refrigerators (doors should be removed), dishwashers, air conditioners, washing machines, and other household appliances or fixtures. Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, aluminum, tin, nickel or alloys thereof, including but not limited to white goods, are all collected curbside on a biannual/as-needed schedule.
STORAGE BATTERIESLead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications, which will be picked up on a weekly basis.
WASTE OILCrankcase oil that has been utilized in internal combustion engines.
An orange plastic container designated by the Town of Windsor
Locks, or any other color acceptable for recycling and easily identifiable
by our recycler.
Any item or items that are part of the solid waste stream that
accumulate from the preparation of food, including but not limited
to plastic, metal or glass food containers, wastepaper, cans and bottles,
wire, glass, other metal objects, and other similar items.
Notwithstanding the foregoing, refuse shall not include any
recyclables as hereinafter defined and specified by the Town and the
State of Connecticut as recyclable or solid waste which is a hazardous
waste as defined by municipal, state or federal laws and regulations.
A metal, nonbrittle plastic, fiber or cardboard container,
whose maximum capacity is 30 gallons and whose minimum size is five
gallons. Containers shall be equipped with handles or bails. Heavy-duty
disposable plastic rubbish bags may also be used.
All residential dwelling units, including residential condominiums
and apartments, but excluding apartment buildings having more than
six dwelling units.
Unwanted or discarded materials, including solid, liquid,
semi-liquid or contained gaseous material.
Any person, firm or corporation offering or providing the
removal, transportation, collection, storage or disposal of solid
waste as a service to others.
In accordance with P.A. 90-220[1]:
A.
Residential occupants shall separate recyclables from other solid waste in a manner described in § 299-12 of this article.
B.
All other generators of solid waste shall separate recyclables from
other solid waste in a manner that will prevent the contamination
of recyclables and provide for the collection of recyclables.
C.
No collectors of solid waste shall knowingly mix recyclables with
other solid waste.
[1]
Editor's Note: See C.G.S. § 22a-220.
A.
The separation, recovery, collection, transportation, storage or
disposal of refuse from commercial and industrial property is the
responsibility of the respective occupants and not the Town of Windsor
Locks. The Town shall collect, or cause to be collected through its
agents, refuse from residential and condominium property. The refuse
to be collected shall be placed at the curb in refuse containers,
or tied in bundles that can be handled as a separate unit.
B.
The Town, its agents and employees, the refuse collection contractor,
its agents and employees will be held harmless against claims related
to refuse collection from a condominium association property.
A.
The separation, recovery, collection, transportation, storage or disposal of recyclables from commercial and industrial property is the responsibility of the respective occupants and not the Town of Windsor Locks. The Town shall collect, or cause to be collected through its agents, from residential property and condominiums all such recyclables, which shall be separated from other refuse by the resident and placed at the street/curb for collection by the morning of the regular refuse collection day as set forth under a schedule determined by the Director of Public Works. Leaves and yard waste will only be collected April 1 to December 15 each year or as determined by the First Selectman. Recyclables not separated as specified in this § 299-13 will not be collected if combined with other refuse or if not treated or placed for collection as follows:
(1)
Clean and unsoiled newspapers shall be separated and placed in the
recycling container provided to each household by the Town of Windsor
Locks.
(2)
Glass food containers and metal food containers shall be separated
from other refuse and combined in the same recycling container provided
to each household by the Town of Windsor Locks. All glass containers
must be rinsed clean and the lids, corks and tops removed. All metal
containers must be rinsed clean and labels removed.
(3)
If the recycling container is not large enough to hold all of the
materials to be recycled, any excess shall be placed in standard nonplastic
grocery shopping bags and shall not be commingled with nonrecyclable
refuse.
(4)
Cardboard shall be flattened, tied and placed on top of, or under,
or next to the recycling container. Cardboard shall be kept to a manageable
size, such as three feet by four feet.
(5)
If a resident loses his recycling box through no negligence of the
contractor, the contractor shall replace it at a charge of $5. The
contractor shall replace all recycling boxes without charge if their
loss or destruction is due to the negligence of the contractor, his
agents or employees. A copy of the revised policy concerning replacement
of recycling containers dated July 13, 1994 can be obtained in the
Selectman's office or the Tax Collector's office during
regular business hours.
(6)
Storage batteries and tires off their rims shall be collected curbside
in the weekly collection or brought by residents to the Public Works
garage.
(7)
Waste oil shall be stored in sealed, leakproof plastic containers
and placed next to the recycling container.
(8)
Scrap metal and white goods shall be collected as deemed necessary
by the Board of Selectmen and advertised by the First Selectman.
(9)
Leaves and yard waste shall be placed in biodegradable paper leaf
bags or reusable barrels with yard waste stickers or disposed of at
the compost site facility.
B.
The Town shall designate the recyclable collector for all residential
and condominium property. The owners of condominiums and apartment
complexes of six or fewer families may elect to have another permitted
collector be responsible for the collection of the recyclables, in
which event the Town will not provide any payment or reimbursement
to the property owner.
C.
Prior to the collection of recyclables from residential condominiums,
the applicable condominium association must request, in writing, to
be included in the recyclable collection; must grant, in writing,
to the Town, the recyclable collection contractor, their agents and
employees permission to enter the condominium association property;
and must agree, in writing, to indemnify and hold harmless the Town,
its agent and employees, but not the recyclable collection contractor,
its agents and employees, against claims related to recyclable collection
from the condominium association property.
The following solid waste shall be considered not acceptable
for collection:
A.
Refuse and recyclables which have not been prepared, bound, and/or
placed for collection in accordance with the rules and regulations
of the Town of Windsor Locks.
B.
Materials from the major repair of, excavation for, construction
or destruction of buildings or structures, such as earth, plaster,
mortar, bricks, building blocks, roofing material, septic tanks, trees
or tree stumps branches and bushes over six inches in diameter.
C.
Hazardous waste as hereinbefore defined.
D.
Body wastes, junkyard wastes or solid industrial wastes.
E.
Refuse that has recyclables commingled therein.
It shall be unlawful for any person, firm or corporation to
act as a solid waste collector within the Town of Windsor Locks without
first having obtained a permit as hereinafter provided for each vehicle
to be used within the Town for the removal, transportation or collection
of solid waste.
A.
Applications for permits shall be filed with the Public Works Director
or his designee on forms approved by him, which forms shall include
at least the following:
(1)
The name, address and telephone number of the applicant's business
and the name and telephone number of a responsible person in charge
and the listing of any other municipalities in which such applicant
hauls or collects solid waste.
(2)
A brief description of the applicant's business, providing enough
information to enable the First Selectman or his designee to determine
whether the applicant is qualified to perform the service of a solid
waste collector adequately and safely.
(3)
Certificates of insurance showing coverage in force in at least the
minimum amounts established by the First Selectman by regulation.
(4)
A description of each vehicle to be licensed, including the make,
color, registration number, type and size; said vehicles must have
clearly designated thereon the applicant's name and address.
(5)
A map showing the route and/or routes of each vehicle to be licensed,
the number of stops expected on each route and the registration number
of the primary vehicle assigned to said route.
B.
Payment. The applicant shall pay to the Town a fee for each permit
issued; said permit shall be valid for a period of one year from the
date of issuance. Evidence of said permit shall be displayed conspicuously
on the licensed vehicle in a manner prescribed by the First Selectman.
Permits issued under this section shall not be transferable except
in the event of the permanent replacement of the licensed vehicle.
The Board of Selectmen shall set the permit fee upon passage of this
article and on July 1 of every fiscal year .
C.
Transferable permits. Each solid waste collector holding one or more
permits from the Town of Windsor Locks shall be entitled to obtain
one transferable permit to be utilized on a spare vehicle in the event
of loss, destruction, damage or breakdown of a licensed vehicle. The
First Selectman or his designee shall be immediately notified of the
intended use of the transferable permit, the reason for its use, the
expected duration of its use, the route or routes upon which it will
be used, and the description of the vehicle which will bear the transferable
permit. Use of the transferable permit shall be discontinued immediately
upon replacement of the licensed vehicle.
D.
Revocation or suspension of permits. In the event of a violation
of any of the provisions of this article, or any rules or regulations
issued pursuant thereto, the First Selectman shall give written notice
to the permittee of the violation, the steps to be taken to correct
same, and the period of time within which said corrective action must
be taken. In the event the violation is not corrected within the time
prescribed, the First Selectman shall have authority to immediately
suspend any and all permits held by the offending solid waste collector.
In the event the permittee thereafter fails to correct the violations,
the First Selectman shall have authority to call and hold a public
hearing upon due notice to the permittee and with full opportunity
for him to be heard, to determine whether any and all permits should
be permanently revoked.
All tipping fees and recycling costs from commercial and industrial
property are the responsibility of the respective occupants and the
individual commercial hauler not the Town of Windsor Locks.
A.
Residential property owners and/or occupants, or persons having custody
or control of residential premises:
(1)
Shall not combine recyclable material or hazardous wastes with refuse.
Refuse which has recyclable material commingled with it shall not
be collected; and recyclable material that has refuse commingled with
it shall not be collected.
(2)
Shall properly segregate the uncollected waste and either store or
dispose of it.
(3)
Shall not allow refuse to accumulate.
(4)
Shall not permit or cause any solid waste within their custody or
control to become a hazard to public travel, health or safety, or
become a nuisance of any sort.
(5)
Shall keep the recycling container clean and stored in such a location
as not to constitute a nuisance or otherwise be objectionable.
B.
C.
Solid waste collectors:
(1)
Shall not knowingly mix recyclable material with other solid wastes.
(2)
Shall notify the First Selectman or his designee of those persons,
partnerships, firms or corporations that have discarded recyclable
material commingled with other solid waste.
(3)
Under Public Act 90-249 and this article, any collector who dumps
more than one cubic feet in volume of solid waste in an area not designated
for such disposal by the Town or who knowingly mixes other solid waste
with items designated for recycling shall, for a first violation,
be liable for a civil penalty of $1,000 for each violation, and $5,000
for a subsequent violation. The Town or the Attorney General may bring
an action under this section.
D.
Resource recovery facilities and solid waste facilities, under Public
Act 90-249 and this article.
(1)
The owner or operator of any resources recovery facility or landfill
who fails to notify the Town about the delivery of loads of solid
waste originating from the Town containing significant quantities
of recyclable items, as required by Section 4 of Public Act 90-220,
shall be subject to a warning by the Town or the Commissioner of Environmental
Protection for a first violation and to a civil penalty of $500 for
each subsequent violation.
(2)
The owner or operator of any resources recovery authority or landfill
who fails to conduct an inspection when requested by the Commissioner
of Environmental Protection, as required by Section 4 of Public Act
90-220[2] shall, for a first violation, be subject to a civil penalty
of $1,000 for each violation, and $5,000 for each subsequent violation.
[2]
Editor's Note: See C.G.S. § 22a-241.
E.
No person, firm partnership or corporation shall separate, recover,
collect, transport, store or dispose of solid waste and/or recyclable
commodities within the Town of Windsor Locks, except as specifically
authorized by the Board of Selectmen of the Town of Windsor Locks
or the provisions of this article. Each and every violation of this
section shall constitute a separate and distinct offense.
[Amended 9-28-1995]
F.
Any person, firm, partnership, or corporation found guilty of a violation
of any provision of this article or any of the rules and regulations
promulgated pursuant hereto shall be guilty of an infraction and shall,
in addition to the other penalties hereinabove provided for, be subject
to a fine not to exceed $200 for each infraction. This article and
the regulations pursuant thereto may be enforced by the First Selectman
or his designee.
See also Public Act No. 94-200.[1] Pursuant to §§ 299-14, 299-17 and this § 299-18 of this article, enforcement of this article and these regulations shall be as follows:
A.
Any person who fails to separate and recycle or cause to have recycled
all designated recyclable materials from other solid waste, as defined
in this article, shall be notified of his/her violation(s) and given
an opportunity to correct said violation(s). Said notification may
take the form of a verbal instruction, a written notice, or a tag
or sticker placed on the refuse or recyclables or the containers used
for same by the responsible person.
B.
The Town, or its agents or contractors, reserves the right to refuse
to collect accept for disposal refuse or recyclables that have not
been separated and/or recycled in accordance with these regulations.
[1]
Editor's Note: See C.G.S. § 22a-226d.
