[HISTORY: Adopted by the Town Meeting of the Town of Easton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-22-1991]
Pursuant to Connecticut General Statutes § 22a-241
et seq., as amended, any person(s) generating solid waste must begin
separating certain items for recycling from other solid wastes for
disposal. On September 20, 1989, by a vote at a Town Meeting, the
Town of Easton has become party to an intercommunity agreement establishing
the Southwest Connecticut Regional Recycling Operating Committee (SWEROC)
through which regional solid waste recycling services will be provided.
This article establishes the recycling program that shall govern the
separation, recovery, collection, removal, storage and disposition
of recyclable materials within the Town of Easton.
As used in this article, the following terms shall have the
meanings indicated:
The Director of Public Works of the Town of Easton.
All individuals, households, firms, partnerships, corporations,
associations, organizations, syndicates, companies, agencies, trusts,
businesses, industries, churches, government offices and facilities,
political or administrative subdivisions of the State of Connecticut,
schools, multiple-unit dwelling complexes and social clubs which generate
recyclable materials within the Town of Easton.
The Regional Intermediate Processing Center.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, political subdivision or
any other legal entity of any kind.
Those unwanted/discarded waste materials which are mandated
by the State of Connecticut to be recycled, as well as other items
which are deemed recyclable by the Town of Easton.
Any person(s) authorized by the Town of Easton to collect
and transport recyclable materials.
An individual appointed to facilitate the recycling program.
The area designated by the Board of Selectmen to receive
recyclable materials. Currently the Trumbull Transfer Station located
on Spring Hill Road, Trumbull.
The program for recycling to govern the separation, recovery,
collection, removal, storage and disposition of recyclable materials
within the Town of Easton.
Any person(s) authorized by the Town of Easton to collect
and transport refuse.
Unwanted/discarded materials, including, without limitation,
solid, liquid, semi-solid or contained gaseous materials.
The Southwest Connecticut Regional Recycling Operating Committee.
The Board of Selectmen is authorized and empowered to:
A.
Develop and enforce such regulations as are necessary to accomplish
the objectives of the recycling program and to ensure compliance by
generators and recycling collectors with Connecticut General Statutes
§ 22a-241 et seq., as amended, and any other municipal,
state or federal ordinances, laws or regulations affecting the recycling
program.
B.
Develop, implement, and administer the provisions of this article,
which shall include but not be limited to the following:
(1)
The coordination of the recycling program with state and federal
solid waste management and recycling programs and SWEROC.
(2)
The development of public education programs relating to solid waste
management and recycling.
(3)
The encouragement, organization and coordination of voluntary citizen
and business organization solid waste management and recycling campaigns.
(4)
The investigation of the availability of public and private sources
of funding for such programs.
(5)
The reviewing of available information on solid waste management
and recycling.
C.
Designate a qualified person to act as a recycling coordinator to
administer and coordinate the recycling program in accordance with
this article.
D.
Consider present and future marketing conditions, availability of
appropriate containers, transportation vehicles and other equipment,
personnel, and such other factors as in its opinion may bear on the
effective and efficient application of this article in discharging
its duties.
A.
Each generator shall separate recyclable materials from the solid
waste generated by it and store such recyclable materials for collection
and recycling pursuant to this article. Each generator shall place
recyclable materials for collection by the recycling collector at
the time and in the manner designated by the Selectmen.
B.
No permit, license or other such authorization for any public event
on public or private property shall be issued by the Town of Easton
unless it contains a requirement that recyclable materials be separated
from the solid waste generated at such event and stored and disposed
of in accordance with this article.
C.
No generator shall allow recyclable materials within its control
to become a nuisance or hazard in any way to public health, safety
or welfare. A generator that fails to observe this requirement shall
defend and hold the Town of Easton harmless and indemnified from and
against any and all claims, injuries, damages, and/or liabilities
arising out of any such nuisance or hazard.
D.
Generators are prohibited from disposing of recyclable materials
as refuse into the solid waste transfer station. However, generators
may dispose of recyclable materials at designated recycling drop-off
centers.
A.
It shall be unlawful for any unauthorized person, directly or indirectly,
to collect, remove, or dispose of recyclable materials. Recyclable
materials designated and delivered for collection by a generator shall
become the property of the Town of Easton upon the setting out of
the recycling container by the generator.
B.
The Board of Selectmen shall establish such regulations for generators
pertaining to the placement and storage of recyclable materials pending
collection as it shall determine are reasonably necessary to assure
the orderly administration of the recycling program.
C.
All vehicles used by collectors of solid waste and recyclable materials
shall be licensed by the Town of Easton.
D.
All collectors shall:
E.
Any recycling collector doing business in the Town of Easton which
violates any section hereof or any regulation adopted by the Selectmen
in connection herewith may, upon due notice with an opportunity to
be heard, have its privilege to operate within the Town of Easton,
including, without limitation, any license or permit issued to such
recycling collector, terminated and revoked and fine imposed, not
to exceed $100 for each violation, as determined by the Selectmen.
F.
The requirements of this section shall be in addition to, and not
in lieu of, any other requirements presently or hereafter imposed
upon collectors by the Town of Easton.
In the event that generators fail to separate significant amounts of recyclable materials from solid waste as required under § 414-4A of this article, the following penalties may be enforced:
A.
Upon the first violation of § 414-4A of this article, the following may take place:
(1)
The recycling collector shall provide the generator with a written
warning notice or tag which shall state that failure to separate recyclable
materials from solid waste is a violation of Connecticut General Statutes
§ 22a-241, as amended, and this article.
(2)
The recycling collector will not be required to collect the unseparated
solid waste.
C.
Upon the first and second failures to separate recyclable materials
from solid waste the refuse collector may take the following actions:
(1)
The refuse collector shall attach a written notice or tag to the
offending material which states the violation of Connecticut General
Statutes § 22a-241 et seq. The format of the tag shall be
prepared by the Solid Waste Commission. The tag shall be supplied
by the Town of Easton. Upon a third violation in a calendar year,
the refuse collector shall not pick up the unacceptable waste and
the Director shall be notified.
[Amended 9-15-2014]
D.
All refuse collectors shall refuse to pick up any solid waste that
includes significant amounts of recyclable materials or be subject
to fines or refusal at the designated disposal area, currently the
Trumbull Transfer Station.
E.
Upon notification of more than two violations of § 414-4A within one calendar year, the person(s) who violates any provision of this article may be fined up to $100 for each violation, as determined by the Selectmen.
F.
Each and every violation of § 414-4A of this article shall constitute a separate and distinct violation and shall result in a fine not to exceed $100 for each violation, as determined by the Selectmen. In addition to any fine, the offender, at the option of the Selectmen, may be required to make restitution to the Town of Easton for the value of any recyclable materials illegally removed. Nothing in this article shall deny the right of any person to give or sell recyclable materials, including deposit beverage containers, to any other person.
The Director may, in his discretion, issue permits to any person(s)
to collect recyclable materials, provided such person(s) files a report
with the Director detailing the types and amounts of recyclable materials
collected. In exercising his discretion under this section, the Director
shall consider the effect of volunteer activities on the objectives
and operations of the recycling program and the responsibilities of
the Town of Easton under SWEROC, including whether such volunteer
activity would significantly diminish the quantity of recyclable materials
which the Town of Easton must deliver to the IPC under SWEROC.
[Adopted 4-26-2010 (Title VA of the 1980 Code of Ordinances)]
The accumulation, collection, removal and disposal of refuse
must be controlled by the Town for the protection of the public health,
safety and welfare of its residents. It is consequently found and
declared that:
A.
The Town is authorized by law to regulate the disposal of refuse
generated within its boundaries and to license refuse collectors;
B.
The Town has designated the Trumbull Transfer Station as the area
where refuse generated within the Town's boundaries shall be
disposed and has given notice thereof to refuse haulers doing business
in the Town;
C.
The Town has executed the municipal contract requiring it to cause
all processible solid waste generated within its boundaries to be
delivered to the Bridgeport System; and
D.
The public health, safety and welfare of the Town will be best served
by requiring the delivery of processible solid waste to the transfer
station for processing by the Bridgeport System into products which
have an economic value.
The following terms shall have the following meanings:
The Connecticut Resources Recovery Authority established
pursuant to Chapter 361B of the Connecticut General Statutes, Revision
of 1958, as amended.[1]
The system for the processing of solid waste and the recovery
of products therefrom constructed by the Authority pursuant to the
municipal contract.
Waste from the preparation, cooking and consumption of food,
condemned food products and all refuse from the handling, storage,
preparation and sale of produce originating primarily in commercial
kitchens, stores, restaurants, food markets and factories.
The Easton Solid Waste Commission established pursuant to
this article.
The Director of Public Works of the Town of Easton.
That amount of money to be charged for each ton of processible
solid waste delivered to the Bridgeport System as established by the
procedures authorized in the municipal contract.
Solid and liquid wastes in the following classifications:
"hazardous wastes" shall mean pathological, biological, cesspool or
other human wastes, human and animal remains, and radioactive, toxic,
and other hazardous wastes which according to federal, state or local
rules or regulations from time to time in effect require special handling
in their collection, treatment or disposal, including those regulated
under 42 U.S.C. §§ 6921 to 6925 and regulations thereunder
adopted by the United States Environmental Protection Agency pursuant
to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806,
42 U.S.C. § 6901, such as cleaning fluids, crankcase oils,
cutting oils, paints, acids, caustics, poisons, drugs, fine powdery
earth used to filter cleaning fluid and refuse of similar nature.
Includes waste from the preparation, cooking and consumption
of products used primarily in private homes.
Includes putrescible and nonputrescible matter from the manufacture,
fabrication or processing of any product.
The municipal solid waste management services contract between
the Town and the Authority dated as of August 30, 1985.
The refuse acceptable to the Bridgeport System pursuant to
the municipal contract.
All putrescible and nonputresible solid wastes, including
household garbage, rubbish, ashes, bulky wastes and solid commercial
and industrial refuse. It shall not include hazardous wastes.
Includes any person, firm or corporation engaged in the business
of collecting and transporting commercial, household or industrial
refuse for hire within the Town of Easton.
A ticket issued by the Town authorizing the disposal of processible
solid waste at the transfer station.
[Amended 9-15-2014]
The Town of Easton.
That facility constructed and operated by the Authority as
part of the Bridgeport System and located at Spring Hill Road, Trumbull,
Connecticut.
[1]
Editor's Note: See now Ch. 446E, Solid Waste Management Services
Act.
A.
Licensing and registration authority designated. The Director shall
be the licensing and registration authority for refuse collectors
and vehicles.
(1)
The Director shall grant a license within 30 days following the filing
of a proper application and payment of the prescribed fee unless he
finds one or more of the following conditions to prevail:
(a)
The applicant has been irresponsible in the conduct of refuse collection
or hauling operations based upon previous suspensions and/or revocations
of licenses.
(b)
The applicant lacks suitable equipment with which to collect refuse
in a safe and nuisance-free manner and in compliance with this article.
(c)
The applicant does not provide insurance having coverage as specified
in this article.
(2)
Should the Director decide not to issue a license, he shall advise
the applicant and the Commission in writing of his decision and his
reason(s) within 30 days after the application is complete.
B.
License required. Each refuse collector shall on or before July 1
each year apply for a license from the Director on such form as he
shall prescribe to engage in the business of refuse collection in
the Town. The refuse collector shall list in his application all municipalities
in which he is licensed or hauls and shall inform the Director of
any changes to the list as they occur.
C.
Registration of vehicles. No refuse collector shall collect, haul
or otherwise transport refuse in the Town except in duly registered
vehicles. Registrations shall not be transferable from vehicle to
vehicle. The Director may allow temporary transfer of registration
in hardship situations such as a temporary breakdown of an individually
licensed vehicle.
[Amended 9-15-2014]
D.
Insurance. Each refuse collector shall at all times maintain public
liability insurance having limits of not less than $500,000 for personal
injury and $25,000 for property damage and shall maintain workers'
compensation for all of its employees. The refuse collector shall
provide the Director with proof of such insurance at the time that
the refuse collector shall apply for his license and each renewal
thereof.
E.
Registration term; fee; renewal. All registrations shall be issued
for a term not to exceed one year and shall be renewable on or before
July 1 each year.
[Amended 9-15-2014]
F.
Reinspection upon sale or transfer of vehicle during registration
year. If a duly registered vehicle shall be sold or transferred to
another refuse collector licensed in the Town during the registration
year, the vehicle shall be reinspected within seven days of such transfer
date but no additional fee shall be required.
G.
Display of registration. The registration issued shall be conspicuously
displayed on the left front of the body of each vehicle so licensed,
or as may be directed.
H.
Identification of vehicles and containers. Each licensee shall prominently
display at all times on each registered vehicle or container in letters
at least four inches in height its name, registration number and telephone
number.
I.
Licenses nontransferable. Licenses are not transferable. When any
licensee shall sell or transfer all or part of its route to any refuse
collector not licensed in the Town, it shall notify the Director in
writing of its intent to sell at least seven days before the sale
or transfer stating the name of the buyer or transferee and the date
of transfer.
A.
Place of delivery. Each refuse collector shall deliver all processible
solid waste collected within the Town to the transfer station. The
Town shall be credited with all said waste delivered to the transfer
station. All other refuse shall be delivered to such place as the
Director may from time to time designate, and any applicable charge
shall be paid by the refuse collector.
B.
Prohibition on delivery. No licensee shall deliver any processible
solid waste to any place other than the transfer station unless the
transfer station is incapable of accepting processible solid waste
at the time of delivery, in which event waste shall be delivered to
another location designated by the Director.
C.
Construction and maintenance of vehicles and containers. All vehicles
registered to collect and transport refuse shall be of a watertight
construction and shall be maintained free of noxious odors and accumulated
refuse. Any such vehicle with a capacity in excess of five cubic yards
shall be of a closed construction. A container utilized primarily
for non-liquid refuse need not be of watertight construction but shall
be completely enclosed. If any such vehicle shall have a capacity
of less than five cubic yards, it may have an open top, provided that
it is covered when it is in motion, to prevent the escape of refuse.
D.
Insurance and registration of vehicles and licensing of drivers.
No vehicle shall be used to collect or transport refuse within the
Town unless the vehicle is covered by liability insurance as provided
in this article, is duly registered with the Connecticut Motor Vehicle
Department, and is driven by a person licensed to drive with the Connecticut
Motor Vehicle Department.
E.
Customers' containers. Refuse collectors shall leave their customers'
containers in a neat, upright position, with lids replaced, and off
the road.
F.
Spilled refuse. Refuse collectors shall clean up refuse that may
have spilled when carrying or transferring refuse.
G.
List of rates. Each collector shall furnish to its customers, upon
request, a list of rates for the various services it provides. Each
collector shall also file such rates with the Commission, and should
a collector intend to change its rates, it shall file the proposed
new rates with the Commission at least 15 days before their effective
date. No collector shall increase its rates until it complies with
this subsection.
A.
Generally. Failure to comply with the provisions of this article
shall be grounds for revocation or suspension by the Director of a
license or registration in addition to the imposition of any fine
or penalty permitted by law.
B.
If the Director shall determine that a license or registration should
be revoked or suspended, he shall so notify the holder thereof by
certified mail, return receipt requested, at least seven days in advance
of the action to be taken, and the Commission. The notice shall state
the reason(s) for the action.
C.
Request for appeal. If a refuse collector shall object to the Director's
action to revoke or suspend its license or registration, it may within
seven days after receipt of the notice file a written appeal with
the Commission. Timely filing of the appeal shall operate as an automatic
stay of the Director's action.
D.
The Commission shall hear and decide the appeal within 30 days; it
shall state the reasons for the decision in writing. The decision
of the Commission shall be final and binding upon the collector. The
decision shall be published in a newspaper having a general circulation
in the Town.
E.
Names and addresses of customers to be furnished upon revocation
or suspension. Whenever a collector's license or registration
is revoked or suspended, it shall do one of the following within five
days after such action:
F.
Refusal of permission to use transfer station. The Director shall
also have the authority to refuse permission to a collector to use
the transfer station when, in the Director's opinion, the collector
has violated this article.
A.
No refuse collector or other person shall transport or otherwise
dispose of refuse at the transfer station without having first purchased
a ticket entitling the collector or such other person to dispose of
the processible solid waste at the transfer station.
B.
The Town of Easton shall be the sole agency authorized to sell tickets
for the disposing of processible solid waste collected in the Town.
C.
The Commission shall from time to time set the price of the tickets
and denominations thereof.
D.
Tickets may be purchased at the Town Hall during all Town Hall hours.
A.
Provision for containers. The owner of each premises where refuse
is created or generated shall provide, at a suitable place upon such
premises, sufficient receptacles for receiving and holding such refuse
during the intervals between collections. Refuse containers shall
be maintained in good condition.
B.
Containers for commercial refuse. The standard container for commercial
refuse shall be a watertight, vermin-proof galvanized or plastic receptacle,
with a tight lid, of not over 30 gallons' capacity, except that
commercial establishments may provide for a large covered container
designed to be emptied into a refuse truck.
C.
Containers for household garbage; number of collections. The standard
unit of collection for household garbage shall be twenty- and thirty-gallon
containers and at least one collection shall be made each week. Other
refuse, such as trash and papers, may be stored for collection in
plastic or comparable containers.
D.
Discarding of refuse. No person shall throw upon, discard, place
or leave any refuse on any street or other public place or upon any
private property, whether owned by such person or not, within the
Town except in proper containers or otherwise properly prepared for
collection or under express approval granted by the Director. No person
shall throw or deposit any refuse in any stream or other body of water.
E.
Accumulation of refuse. Any uncontainerized accumulation of refuse
on any premises is hereby declared to be a nuisance and is prohibited.
Failure to remove any accumulation of refuse within 10 days after
written notice from the Director by certified mail to remove it shall
be deemed a violation of this article.
F.
Scattering of refuse. No person shall cast, place, sweep, deposit
or allow to remain any refuse in such a manner that it may be carried
or blown by the elements upon any street, sidewalk, or other public
place, or upon another person's property.
G.
Hazardous wastes. No person, firm or corporation shall place hazardous
wastes or similarly dangerous substances in any refuse container or
transport any such substance to the transfer station.
A.
There is hereby created a Solid Waste Commission.
B.
The duties of the Commission shall be to:
(1)
Prepare and submit to the Board of Selectmen before February 1 each
year an annual budget for the carrying out of the Town's responsibilities
under the municipal contract and this article.
(2)
Set from time to time the fees for the tickets, licenses and registrations
to be issued pursuant to this article.
(3)
Receive reports from the Director concerning the collection of refuse
in the Town and the administration of this article.
(4)
Inform itself as to the operation and administration of the Authority
and the Bridgeport System.
(5)
Advise and recommend to the Board of Selectmen and such other boards,
commissions and agencies of the Town as may be appropriate such changes
in this article or the procedures carried out pursuant to it as the
Commission may deem necessary or appropriate.
(6)
Hear and decide appeals from decisions of the Director pursuant to
this article.
C.
The Commission shall consist of five members and two alternates.
Existing members will continue with their current terms. The two alternates
will each have five-year terms.
D.
A quorum shall consist of not fewer than three members.
Any person, firm or corporation violating any provision of this
article shall, upon conviction thereof, be fined not less than $50
or not more than $100 for each offense. Every day upon which the violation
shall occur or upon which the violation shall continue shall constitute
a separate offense. The foregoing fines are in addition to any other
penalties which may be imposed by law.
