City of Norwalk, CT Chapter 94 Solid Waste Collection & Disposal; Transfer Station & Yard Waste Site [1]

[HISTORY: Adopted by the City of Norwalk Common Council 5-10-1988; amended in its entirety 10-25-2005. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Junkyards — See Ch. 67.

Department of Public Works — See Ch. 90.

Streets and sidewalks — See Ch. 95.

Littering — See Ch. 95A.

[1] Editor's Note: Former Ch. 94, Sewers and Sewage Disposal, adopted as follows: Art. I, 5-14-1956; Art. II, 12-11-1956; Art. III, 10-24-1961; Art. IV, 4-25-1961; Art. V, 10-14-1980; Art. VI, 10-14-1980, effective 7-1-1981, was repealed 5-10-1988. For current provisions, see Ch. 91, Public Sewers.

Article I Collection and Disposal

§ 94-1 Purpose.

Control of the accumulation, collection, storage, removal and disposal of solid waste is a governmental function of the City of Norwalk for the protection of the public health, safety and welfare. It is consequently found and declared that:

A. The City is authorized by law to regulate the disposition of solid waste generated within its boundaries and to license solid waste collectors.

B. The City is also authorized by Connecticut General Statutes Section 22a-220a to designate the area where solid waste generated within its boundaries shall be disposed.

C. [1]The enactment of this article is in furtherance of the City of Norwalk's approved Regional Solid Waste Management Plan.

[1] Editor's Note: Former Subsections C and D, which required delivery of solid waste collected in Norwalk to the Bridgeport resource recovery system, were repealed 3-24-2009. This ordinance also redesignated former Subsection E as Subsection C.

§ 94-2 Definitions.

In addition to the terms defined in Chapter 91 and Connecticut General Statutes Section 22a-207 and unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:

ACCEPTABLE SOLID WASTE

Unwanted or discarded materials of the kind normally collected or disposed of or caused to be collected or disposed of by or on behalf of a municipality through private or municipal collection and commercial, governmental and light industrial waste for which a municipality is required by state law to make provisions for the safe and sanitary disposal thereof, but not including in any case special handling waste or bulky solid waste.

BULKY SOLID WASTE

Solid waste comprised of land-clearing debris and waste resulting directly from demolition and construction activities which can be disposed of in a landfill holding a permit issued by the Connecticut Department of Environmental Protection under Section 22a-208y of the Connecticut General Statutes and following of its regulations or any successor provisions.

HAZARDOUS WASTE

Pathological, biological, cesspool or other human wastes, human and animal remains, 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, through 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.

SPECIAL HANDLING WASTE

A. Hazardous waste.

B. Dirt, concrete and other nonburnable construction material and demolition debris, such as, but not limited to, sheetrock, ceramic tile, asphalt shingles).

C. Large items of machinery and equipment, such as motor vehicles and major components thereof, agricultural equipment, trailers and marine vessels and any other item of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, including, in the context of deliveries to the disposal facility, bulky solid waste.

[Amended 2-24-2009]

D. Explosives, ordinance materials, oil, sludges, highly flammable substances, hazardous chemicals, tires and other materials, the acceptance of which, in the judgment of the Director, reasonably exercised, is likely to cause damage to or adversely affect the operation of the disposal facility, constitute a threat to health or safety or violate or cause the violation of any applicable federal, state or local law, regulation or judicial or administrative decision or order.

[Amended 2-24-2009]

§ 94-3 Source separation of material.

A. The Director shall establish the necessary rules and regulations to comply with the regulations issued pursuant to Public Act No. 87-544, an Act Mandating Recycling in Municipalities and Concerning Source Reduction Planning, as amended and/or supplemented. The following items may be required to be recycled; corrugated cardboard, glass food containers, metal food containers, newspapers, office paper, scrap metal, storage batteries, waste oil, yard waste, high-density polyethylene bottles or jars of any size or shape used to package food, household laundry products or crankcase oil (HDPE plastic containers), polyethylene terephthalate containers of any size or shape used to package beverages (PET plastic food containers) (plastics No. 1 and No. 2 only through June 30, 2009; plastic No. 1 through No. 7, thereafter), dry cell batteries and scrap tires.

[Amended 2-24-2009]

B. All items designated by the Director for mandatory recycling shall be separated and kept apart from other solid waste by the property owner or his agent, packaged in the prescribed manner, placed at the curb in accordance with the schedule determined by the Director and collected by the City or by any contractor employed by the City or by the property owner's private collector. Any solid waste left for collection which contains any items designated by the Director for mandatory recycling shall be refused by any collector within the City. Such material shall also be refused at the transfer station. Tree trimmings and brush shall be tied in bundles of not over four feet in length, capable of being handled by one person.

[Amended 2-24-2009]

C. No person, firm or corporation other than the owner, lessee or any occupant of a residential dwelling or commercial establishment or any employee of the City or any contractor employed by the City for the removal of items to be recycled shall pick up, remove, destroy or interfere with the mandatory recyclable items or any part thereof.

§ 94-4 Solid waste disposal facility.

A. Pursuant to Connecticut General Statutes, Section 22a-220a, the Common Council hereby issues notice of its intent to designate and, upon compliance with the provisions of state law, shall, by resolution, designate the Norwalk Transfer Station as the area where acceptable solid waste generated within the boundaries of the City of Norwalk by residential, business, commercial or other establishments may be disposed.

B. In accordance with agreements made between the City and any terminal disposal system, acceptable solid waste, bulky solid waste and items designated for mandatory recycling shall be separately delivered to an authorized solid waste disposal facility. Acceptance of a City license by a private collector acknowledges the right of the City to inspect each load delivered to the Norwalk transfer station.

[Amended 2-24-2009]

§ 94-5 Solid waste collection requirements.

A. The owner of each premises, residential or commercial, where solid waste is created or generated shall provide, at a suitable place upon such premises and not on the street or sidewalk, sufficient receptacles for receiving and holding such solid waste during the intervals between collections. Solid waste shall be stored in watertight, tightly covered cans or rigid containers; garbage shall not be placed out for collection in plastic bags. The standard unit of collection for household solid waste shall be twenty- and thirty-gallon containers. Each receptacle shall not weigh more than 75 pounds when full. Containers shall be maintained in good condition, free of holes and fissures and shall be equipped with securely fitting covers. No loose material will be collected by the City.

B. All refuse containers shall be maintained by the owners thereof and promptly replaced when no longer fit for use. Containers not conforming to the requirements set forth by this article and deemed a sanitary or accident hazard, as determined by the Director or his duly authorized agents, may be confiscated by the City and disposed of, without compensation to the owner.

C. The property owner or the person served shall have the refuse receptacles or containers placed as near to the curbline as is practicable at the time designated by the Director, but no later than 6:00 a.m. on days on which collections will be made; provided, however, that refuse containers or receptacles may be so placed for collection on the evening preceding the date on which collections will be made, but no earlier than 6:00 p.m.

§ 94-6 Unlawful deposit.

A. Deposit in public places.

(1) No person shall place any solid waste in any street, alley or other public place or upon any private property, whether owned by such person or not, within the City except in proper containers or otherwise properly prepared for collection, unless with express approval granted by the Director. No person shall throw or deposit any solid waste in any stream, sewer or other body of water.

(2) Any uncontainerized accumulation of solid waste on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any accumulation of solid waste within seven days after written notice by registered mail to remove the same shall be deemed a violation of this article.

B. No person shall cast, place, sweep or deposit anywhere within the City any solid waste in such a manner that it may be carried or deposited by the elements upon or in any street, sidewalk, alley or other public place or into any occupied premises.

C. It shall be unlawful for any person, firm or corporation to place hazardous wastes or similarly dangerous substances, as determined by the Director, into any refuse container or to transport any such substance to the solid waste disposal facility.

D. No person shall deposit any solid waste in any City receptacle in a City park which has been brought from any area outside said City park. This provision shall not prohibit disposal of garbage, rubbish or waste created by activities in said park, such as by the consumption of food.

§ 94-7 Collection and disposal within the Fourth Taxing District.

A. The Director is authorized and directed to have removed or cause to be removed all solid waste, when properly prepared as provided in this article, from all areas within the Fourth Taxing District of the City. Such collections shall be a governmental function under the direction of the Director and shall be financed by appropriations from the Fourth Taxing District revenues.

B. Within the Fourth Taxing District, collection schedules and methods of collection shall be determined by the Director, provided that not fewer than two collections per week shall be made from each and every place to be served, and provided further that collections shall be made on scheduled days in each locality or street and that the citizens of the Fourth Taxing District shall be informed of the times of collection or any changes therein by means of proper notice in the local newspaper or by such other means as may be expedient.

C. The City shall not tax any qualified residential condominium or residential cooperative unit, as defined by Chapter 828 of the Connecticut General Statutes, or single-family residence located on a private road within the Fourth District, for that portion of the property tax attributable to garbage collection, provided that:

(1) The amount of the tax exemption for each qualified unit or residence shall be calculated as follows: that portion of the annual mil rate for garbage collection multiplied by the assessed value of the unit or residence.

(2) Any residential condominium or residential cooperative association or single-family residence may qualify for the exemption by completing an application with the Finance Department of the City on or before April 15 previous to the ensuing fiscal year for which they seek exemption and providing proof of payment for private collection for the previous year. Such exemption shall remain in effect each year after the initial application unless it is determined by the Finance Department that City garbage collection services have become available and are being utilized.

(3) Any residential condominium or residential cooperative association or single-family residence that obtains City garbage collection services must discontinue the exemption by providing notice to the Finance Department of the City of Norwalk.

§ 94-8 Collection and transportation license required.

A. The Director shall be the licensing and registration authority for all solid waste collectors, vehicles and refuse containers operating within the City. It shall be unlawful for any person to collect or remove solid waste in the City or to transport the same upon or through any street or public place of the City unless such person is an employee or agent of the City assigned to such work, has been granted a license by the Director to do so, is the employee of a person who has been so licensed or is the actual producer of such refuse within the City or his employee then and there engaged in transporting the same from the premises where produced to any area where public disposal is permitted.

B. It shall be unlawful for any employee of the actual producer of any solid waste to collect, remove or transport such waste for more than one actual producer thereof or for such employee or any producer to combine or commingle within the City the waste of more than one producer or for any person to act as the employee of more than one producer for the purpose of collecting, removing or transporting such waste upon or through any street or public place of the City unless such person has been granted a license by the Director.

C. Each licensed solid waste collector shall obtain a separate registration for each vehicle and/or refuse container he operates within the City. When a vehicle is employed to transport more than one refuse container, each container to be transported as well as the vehicle shall require a separate registration. Registrations shall not be transferable from vehicle to vehicle nor container to container, provided, however, that the Director may allow such temporary transfer of registrations in hardship situations, such as a temporary breakdown of an individually licensed vehicle.

§ 94-9 Requirements for containers and vehicles.

Any person permitted by this article to collect, remove or transport solid waste over the streets of the City shall use containers or vehicles provided with tight covers and so constructed and operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped, spilled or leaked therefrom.

§ 94-10 License, registration and disposal fees.

A. The Director shall establish license, registration and disposal fees for:

[Amended 2-24-2009]

(1) The privilege of engaging in the business of collecting or removing solid wastes in the City or transporting the same through the streets or public places of the City; and

(2) Disposing of or depositing the same at the City's solid waste disposal facilities.

B. Prior to issuance of any license and the collection of any license, registration or use fees, the Director shall determine that the proposed licensed operation:

(1) Will not create a nuisance.

(2) Will not create or aggravate a traffic or health hazard.

(3) Will result in efficient, prompt and clean collection service.

(4) Will meet all state health and safety standards as to construction of vehicles.

C. The license, registration and disposal fees for each of the types of solid waste shall be established in accordance with the provisions of § 90-4, Approval of rates and fees.

D. The Director shall establish such rules and regulations as are appropriate for the administration of the provisions of this section.

§ 94-11 License and registration application and renewals.

A. Applications for licenses, renewals of licenses and vehicle and/or refuse container registration under this article shall be submitted in writing to the Director. Each application shall contain the following information:

(1) The name and address of the applicant. If the applicant is a proprietorship, firm or partnership, the names of all owners or partners shall be listed; if the applicant is a corporation, the names and title of each of the officers shall be listed.

(2) The purpose for which the license is sought.

(3) The area within which the applicant wishes to collect or transport solid waste.

(4) The number, kind and capacity of the vehicles and other equipment to be used for such purposes, together with their license plate numbers.

B. Each application shall be accompanied by the deposit of the license and registration fee required by the provisions of this article. If the application complies with the provisions of this article, the Director shall specify the term for which such license is granted, not to exceed one year, and, as a condition of granting the requested license and/or registration, may impose such other conditions as he may deem to be in the best interests of the public health and welfare. If a license is not issued, the fee shall be returned to the applicant.

C. No application for a license by a private collector shall be accepted unless accompanied by a statement acknowledging and authorizing City inspection of any load transported and/or delivered under this article.

[Amended 2-24-2009]

§ 94-12 Authority to limit number of licenses.

In order to preserve the public health, safety and welfare, the Director shall have the authority to limit the number of licenses for the collection and/or transportation of refuse which may be issued under this article. Notice of such limitation shall be posted in the same manner as rules and regulations issued by the Director under this article.

§ 94-13 Vehicle and container identification; license information.

A. Every license granted by the Director under this article shall cover the following matters:

(1) The name and address of the person to whom the license is issued.

(2) The area within which the person to whom the license is issued may render collection services.

(3) The nature of the collection services which are authorized.

(4) The term for which the license is granted (not to exceed one year).

(5) A description, including the license plate numbers, of each vehicle to be registered under the license.

(6) Such other conditions as the Director may establish.

B. The Director shall issue to each licensed person one sticker for each registered vehicle and/or refuse container covered by the application, each of which vehicles and/or refuse containers shall thereafter display such sticker as long as the license or registration is in force.

§ 94-14 Transferability of license.

No license granted by the Director under this article or any interest therein shall be given, sold, assigned, mortgaged or otherwise transferred without the prior written consent of the Director.

§ 94-15 Revocation of license.

A. Any license granted by the Director under this article may be revoked by the Director if the Director finds and determines that the licensee has failed to comply with any of the terms of such license or of this article or rules and regulations duly promulgated hereunder or fails to render satisfactory collection services.

B. Revocations and suspensions shall become effective only after a public hearing. The Director shall send a written notice of proposed suspension or revocation to said collector, stating the reasons for such action. The Public Works Committee of the Common Council shall, within 15 days of the date of such written notice, hear and decide the matter. Such hearing shall be held in public session; provided, however, that the hearing may be held in executive session at the request of the collector. The collector, the Director and other persons invited by either of them or by the Committee may appear and present such testimony and evidence as they may wish. The Committee may revoke the license, suspend the license for a time certain, decline to revoke or suspend the license or make such other determination as may be appropriate in the circumstances.

C. The decision of the Public Works Committee shall be final and binding upon the collector. No application for a license revoked under this article shall be accepted for a period of one year from the date of the Committee's action.

D. Notwithstanding anything to the contrary herein, the Director shall have power to refuse permission to a collector to use the Norwalk transfer station when, in his opinion, such collector has violated this article or any applicable rule or regulation.

[Amended 2-24-2009]

§ 94-16 Rules and regulations.

The Director shall have the authority to make such other reasonable rules and regulations concerning collection, transportation and disposal of refuse as he shall deem necessary, which shall take effect no less than three days after posting at the Department of Public Works' offices and at all designated solid waste disposal facilities.

§ 94-17 Violations and penalties.

[Amended 2-24-2009]

Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount established in accordance with the provisions of § 90-4, Approval of rates and fees. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Article II Use of Transfer Station and Yard Waste Site

[Added 4-14-2020]

§ 94-18 Disposal pass for residents and/or real property owners who pay Norwalk vehicle tax.

All noncommercial vehicles of Norwalk residents and/or real property owners for which a vehicle tax is paid to Norwalk shall be entitled to free admission with a valid disposal pass to the transfer station and the yard waste site. In order to maintain the validity of this pass, Norwalk residents and/or real property owners shall remain current on their vehicle tax. If Norwalk residents and/or real property owners are more than 45 days delinquent on their vehicle tax, then this pass shall become invalid until the vehicle tax, and all applicable fees, interest and penalties, have been satisfied. The disposal pass must be displayed on the driver's side dashboard during use of both facilities.

§ 94-19 Admission for residents and/or real property owners who do not pay Norwalk vehicle tax.

All noncommercial vehicles of Norwalk residents and/or real property owners for which a vehicle tax is paid to a city other than Norwalk shall be entitled to purchase a disposal pass to the transfer station and the yard waste site for a sum to be set pursuant to the Department of Operations and Public Works' fee schedule.

§ 94-20 Additional permits.

A. An additional disposal permit, issued at the Norwalk transfer station by the Department of Operations and Public Works, is required for all noncommercial pickup trucks, vans and/or vehicles with trailers. Residents and/or real property owners with a noncommercial pickup truck, van and/or vehicle with trailer will be required to show a valid disposal pass, as provided in §§ 94-18 and 94-19, in order to apply for the additional disposal permit.

B. Commercial permits are required for all commercial vehicles. These permits are issued by the Department of Operations and Public Works. The fee schedule for commercial permits is set pursuant to the Department of Operations and Public Works' fee schedule.

§ 94-21 Admission for nonresidents, nonpermit holders and/or non-real-property owners.

All vehicles of nonresidents, nonpermit holders and/or non-real-property owners shall be entitled to use the transfer station and yard waste site for a sum to be set pursuant to the Department of Operations and Public Works' fee schedule.