Town of Durham, CT
Middlesex County
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Table of Contents
Table of Contents
[Ord. of 8-31-89, § 1]
(a) 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BOARD OF SELECTMEN
The duly elected Board of Selectmen of either the Town of Durham or the Town of Middlefield.
BULKY WASTE and SPECIAL BULKY WASTE
Those items described under Classes V and VI in this section and any other items that may be identified as bulky waste under the General Statutes or under regulations the state department of environmental protection has promulgated under authority of the General Statutes.
CLEAN BRUSH CAPABLE OF BURNING
Brush and plants having a maximum diameter at the base or widest point of four inches and being free of manmade materials. Christmas trees shall be included within this meaning.
COMMERCIAL COLLECTOR
Any person who holds himself out for hire to collect solid waste from residential, business, commercial, institutional or other establishments.
COMPOSTABLE MATERIAL
The items described under Class III in this subsection. For purposes of disposal outside the point of generation, manure may be treated as compostable material solely within the discretion of DMIAAB.
DMIAAB
Interlocal agreement advisory board representing the Towns of Durham and Middlefield created by the interlocal agreement adopted in August, 1971, and by any and all amendments thereto which may be legally voted and thereafter ratified by the legislative bodies of the Towns of Durham and Middlefield. Where the context requires, "DMIAAB" also means DMIAAB's authorized agents and employees.
DMIAAB FACILITY
The existing Durham-Middlefield sanitary land fill located on the easterly side of Cherry Hill Road partly in the Town of Middlefield and partly in the Town of Durham, and any other areas within or without the Towns of Durham or Middlefield which DMIAAB or the Towns may lawfully designate as a place where solid waste generated within their boundaries may be delivered for disposal.
HAZARDOUS WASTE
Solid waste which either the United States Government or the State of Connecticut Department of Environmental Protection has defined as capable of posing a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported or otherwise managed.
HOUSEHOLD
A building, or any portion of the building, located within the Towns and which one or more individual residents occupy as living quarters.
THE JOINT BOARDS
The boards of selectmen of the Towns of Durham and Middlefield meeting jointly.
LICENSED COMMERCIAL COLLECTOR
A commercial collector licensed by DMIAAB under the provisions of § 13-7.
RECYCLABLE MATERIAL
Any solid waste that the commissioner of the state department of environmental protection may designate as either required to be recycled or suitable for recycling. At the date of enactment of the ordinance from which this chapter derives the list of recyclable materials is shown under the definition of Class II solid waste.
RECYCLING
Separation, accumulation and shipment for reuse of recyclable materials.
(1) 
In the case of individuals, those who reside, own real property or operate a business in the Towns of Durham or Middlefield.
(2) 
In the case of all other persons, those having a place of business in the Towns of Durham or Middlefield.
RESIDENTIAL WASTE
Solid waste generated by individuals who own or occupy residences within the Towns of Middlefield or Durham. Residential waste includes waste generated by individual residents engaged in home occupations within the Towns of Durham or Middlefield. But if the home occupation generates waste that requires container service or specialized handling, DMIAAB may treat the waste as commercial or industrial waste.
SOLID WASTE or GARBAGE
Trash, rubbish, waste material and any unwanted or discarded materials.
SOURCE SEPARATED FORM
Refers to recyclable material which has been separated at the point of generation into the types of recyclable material described in solid waste Class II, or into such other types of solid waste as either the Connecticut Department of Environmental Protection or DMIAAB may declare as recyclable.
TOWNS
The Towns of Durham and Middlefield.
(b) 
This chapter occasionally refers to classes of solid waste. Those classes are as follows:
CLASS I
Garbage and trash suitable for disposal at the Durham-Middlefield landfill with daily cover or by combustion under regulated conditions:
(1) 
Scrap and/or soiled paper and cardboard items;
(2) 
All plastic items (tools, toys, cans, bottles, yard items, sports equipment, etc.);
(3) 
All light bulbs (both fluorescent and incandescent, e.g. all sizes and uses);
(4) 
All mattresses, box springs, pads, rugs and carpeting;
(5) 
All padded furniture;
(6) 
All clothes and footwear;
(7) 
All personal care products, e.g. sanitary and toiletries including containers;
(8) 
All food waste and scraps;
(9) 
All pet care material and wastes;
(10) 
All small ceramics, broken and whole glasses and dishes, flat glass and mirrors;
(11) 
All scrap rubber (not to include vehicle tires);
(12) 
All natural and imitation leather items;
(13) 
All bimaterial items (combining wood, plastic, paper and metal) such as bimetal cans, oil filters, ring binders, television sets;
(14) 
All containers not recyclable, e.g. paint cans, empty oil cans and bottles, baskets, aerosol cans, flower pots, etc.
CLASS II
Recyclable material as now or in the future may be specified:
(1) 
Glass, tin and aluminum bottles and cans, rinsed clean but no bags;
(2) 
Newspapers, magazines, junk mail, computer and office paper, paperback books, paper bagged or tied;
(3) 
Corrugated box, flat (no waxed or wet strength);
(4) 
Lead batteries;
(5) 
Aluminum, copper and brass scrap (gutters, windows, doors, pipe, furniture, fixtures);
(6) 
Ferrous scrap metal, all kinds, including white goods, yard items, etc.;
(7) 
Residential waste motor oil (no contaminants).
CLASS III
Compostable materials not capable of being disposed of at the point of generation:
(1) 
Hardwood leaves;
(2) 
Grass and garden waste.
Note: Evergreens are not a compostable material.
CLASS IV
Brush suitable for clean burning:
(1) 
Clean brush (not to include large limbs, logs);
(2) 
All evergreen waste including Christmas trees.
CLASS V
Bulky waste not suitable for clean burning (subject to volume and size limitation):
(1) 
Demolition material;
(2) 
Plaster and plaster board;
(3) 
All pressed and composition board;
(4) 
Asphalt roofing; shingles and rolled;
(5) 
Linoleum, asphalt and vinyl floor covering;
(6) 
Wooden furniture;
(7) 
Scrap lumber, pallets and wooden boxes;
(8) 
Ceramic fixtures (not to include enamel over metal).
CLASS VI
Special bulky wastes:
(1) 
Tires, all sizes;
(2) 
Dirt, brick, masonry and concrete (must be free of all other debris).
CLASS VII
Household hazardous wastes generated or entering the solid waste stream from a household within the Towns of Middlefield or Durham including lead or lead paint, oil paint, solvents, varnish, shellac, lacquer, strong detergents, insecticides, commercial fertilizers, chemicals and heavy metals.
[Ord. of 8-31-89, § 2]
(a) 
It shall be the responsibility of every resident of the Towns to take all feasible and lawful measures to reduce the amount of solid waste produced in the Towns and presented for disposal either to the Towns or at a DMIAAB facility.
(b) 
It shall be the policy of the Towns to encourage the following activities to the maximum extent permitted by law, consistent with safe environmental practice:
(1) 
On site chipping of brush;
(2) 
On site burning of brush;
(3) 
On site burying of stumps and stones;
(4) 
On site composting of leaves and garden waste;
(5) 
On site use of manure;
(6) 
Reuse of materials reclaimable for manufacturing processes, or sale of reclaimable materials to those capable of using them.
(c) 
Residents disposing of solid waste on site remain responsible for obtaining all permits and approvals required by law. For purposes of this section "on site" refers to the site where the solid waste is generated.
(d) 
It shall be the policy of the Towns that any person generating solid waste separate it at the place of generation into the waste classifications described in § 13-1, and that solid waste be collected, transported and deposited in accordance with the waste classifications of § 13-1, in order to maximize efficient recycling of waste. This policy shall apply to all persons within the Town.
(e) 
It shall be the policy of the Towns that all solid waste generated within the Towns of Middlefield/Durham not suitable for reuse by the generator or sale for reuse and not suitable for on site composting or disposal, shall be presented at a facility operated or chosen by DMIAAB for appropriate disposal. No person shall operate a private dump or landfill and no person shall dispose of any solid waste at any location or by any means other than may be authorized by this chapter or by DMIAAB.
[Ord. of 8-31-89, § 3]
(a) 
No resident of the Towns shall present for collection by a contract or commercial collector recyclable waste other than in source separated form, nor shall any resident transport to the DMIAAB facility or arrange for transport to the DMIAAB facility recyclable waste other than in source separated form.
(b) 
No resident of the Towns shall present for collection by a contract or commercial collector, transport to the DMIAAB facility, or arrange for transport to the DMIAAB facility, any material or item the receipt and handling of which is prohibited by statute, ordinance or regulation. Such prohibited material shall include but shall not be limited to hazardous waste; asbestos and solvents; auto and truck frames and body parts; agricultural and construction machinery; oil and gas cans or tanks not previously cut in half; any keg, drum, barrel or other container from which one end has not been permanently removed and all liquid, gas, or solid material removed; or any item exceeding the maximum size and weight established for it by DMIAAB or by federal or state law or regulation.
(c) 
No person shall remove recyclable materials from any DMIAAB facility without authorization from DMIAAB.
[Ord. of 8-31-89, § 4]
(a) 
Class VII (household hazardous waste) shall not be disposed of at the DMIAAB facility. Such materials may be disposed of at times and at locations as may be scheduled and announced by municipal and regional organizations.
(b) 
Class V (bulky waste not suitable for clean burning) disposal at the DMIAAB facility shall be limited to an annual total of five cubic yards per household. Class V solid waste in excess of five yards shall be governed by the provisions of § 13-10.
[Ord. of 8-31-89, § 5]
(a) 
The solid waste described in this section shall be that generated by residents who are either not individuals or individuals who have generated the waste for other than household use or purposes.
(b) 
All Class I solid waste generated by persons other than individuals shall be collected by and transported for disposal by a commercial collector licensed by DMIAAB.
(c) 
All Class II solid waste shall be delivered to the DMIAAB facility in source separated form. Transport and disposal of Class II solid waste may be carried out by a commercial collector or by any vehicle bearing a valid DMIAAB sticker.
(d) 
All Class III, Class IV and Class VI solid waste may be transported and deposited for disposal by any vehicle bearing a valid DMIAAB sticker.
(e) 
Class V solid waste shall be collected and transported as stated in § 13-10.
[Ord. of 8-31-89, § 6]
(a) 
No persons other than a licensed commercial collector or a resident of the Towns may deposit any waste at or in any DMIAAB facility without the prior written authorization of DMIAAB.
(b) 
Any person wishing to deposit or unload at a DMIAAB facility any waste material generated outside the corporate limits of the Towns must obtain the prior written authorization of DMIAAB. If any licensed commercial collector attempts to deposit in any DMIAAB facility solid waste any part of which was collected or generated else-where than the Towns, DMIAAB reserves the right to order the licensed commercial collector to remove his vehicle from the DMIAAB facility, notwithstanding that some of the load of solid waste was collected or generated within the Towns.
(c) 
Any vehicle not bearing a valid DMIAAB sticker may be refused the right to enter a DMIAAB facility or make use of DMIAAB's services.
(d) 
Any person seeking to utilize DMIAAB's service facilities or services may be required to provide a written certification of point or points of origin of waste in their possession. Such certification shall be subject to penalty of false statement as provided in the General Statutes. A refusal to provide certification shall constitute cause for refusal to accept material. DMIAAB may require any person, other than a licensed commercial collector, seeking to dispose of solid waste in any DMIAAB facility to present satisfactory proof of residence within the Towns.
(e) 
No person shall dispose of solid waste of any class at any DMIAAB facility except under terms and conditions established by DMIAAB. In the event of uncertainty or doubt it shall be the responsibility of the deliverer to seek advice or assistance. A failure to observe posted orders shall be deemed a violation of this chapter and subject the violator to penalty as specified in § 13-12.
(f) 
Disposal of waste at any DMIAAB facility shall be permitted only at times and on days established by DMIAAB. An annual schedule shall be conspicuously posted at each Town hall and published in a newspaper of general circulation within both Towns.
(g) 
All solid waste shall be securely transported so as to prevent such waste from being scattered on roads, highways and adjacent private property.
[Ord. of 8-31-89, § 7]
(a) 
No person shall engage in the business of collecting and transporting any form of solid waste generated within the Towns without first obtaining an appropriate license from DMIAAB.
(b) 
Those commercial collectors wishing to collect and transport solid waste generated within the Towns shall apply to DMIAAB annually for a license, on a form DMIAAB will provide. Such form shall require the applicant to provide information regarding the net assets available for the conduct of its business; its prior experience in the conduct of such service; advice as to the type of license desired; the model, year, and vehicle identification number of equipment to be employed in providing service within the Towns; and an insurance certificate covering personnel and equipment to be employed in such service. Any commercial collector wishing to collect residential solid waste shall certify as to the method and frequency of service to be provided. All applications for licenses shall require the applicant to certify that the applicant understands and agrees to abide by all the provisions of this chapter and any regulations or policies DMIAAB establishes under authority of this chapter. DMIAAB may also require that commercial collectors provide cubic yard capacity, tare weight and gross weight for each vehicle the collector will employ in providing service within the Towns and that the collector update such information when it acquires and puts into service within the Towns new or different equipment.
(c) 
DMIAAB shall determine an annual license fee per net cubic yard for each self-contained vehicle and each container placed in service within the Towns. The annual license fee shall be due and payable at the time the collector applies for a license. All licenses shall be effective for a period of one year from the date of issuance. Annual license fees shall be comparable to those charged by similar facilities and systems elsewhere within the central Connecticut region. DMIAAB shall notify each licensed commercial collector in writing immediately upon changing the annual license fee.
(d) 
DMIAAB shall review and evaluate each license application submitted, with particular reference to the applicant's record of previous performance as a commercial collector within the Towns. DMIAAB shall not decline to issue a license except for cause. Cause shall include without being limited to unsatisfactory prior performance or failure to provide complete or adequate information on the application. If DMIAAB refuses to issue a license it shall notify the applicant of the reasons for its refusal and provide the applicant with an opportunity for a hearing concerning the refusal. If after the hearing DMIAAB affirms the refusal, the applicant may appeal to the joint boards as set forth in Section 13-14. All applications for license renewal shall be submitted at least 15 days before the current license expires. The applicant shall continue to enjoy the right to collect solid waste until either DMIAAB, or the joint boards in the event of an appeal, reaches a final decision renewing or refusing the renewal application.
[Ord. of 8-31-89, § 8]
In addition to any other obligations imposed by this chapter, all commercial collectors shall have the following obligations:
(1) 
To collect, transport and deposit or discharge all solid waste collected within the Towns only at such locations as DMIAAB may from time to time direct.
(2) 
To maintain material separation as DMIAAB may direct and to deposit separated materials only at locations and in such manner as DMIAAB may determine will promote maximum recycling of materials.
(3) 
To inform DMIAAB in writing on September first of each year of the customer identity, location, size and type of container equipment placed by it within the Towns and to advise by phone thereafter all new services undertaken by it. Information about client identity shall be employed by DMIAAB for the sole purpose of informing container customers of their obligations pursuant to this chapter and shall not be made available to other commercial collectors.
[Ord. of 8-31-89, § 9]
(a) 
The following solid waste generated by residents of the Towns shall be treated as Class V solid waste (bulky waste) for purposes of this chapter:
(1) 
Demolition material and scrap lumber and logs.
(2) 
Plaster and plaster board.
(3) 
All pressed and composition board.
(4) 
Asphalt roofing; shingles and rolled.
(5) 
Linoleum, asphalt and vinyl floor covering.
(6) 
Wooden furniture.
(7) 
Scrap lumber, pallets and wooden boxes.
(8) 
Ceramic fixtures (not to include enamel over metal).
Until the closing of the bulky waste section of the Durham-Middlefield landfill, these materials will be accepted as bulky waste. After the closing of that section of the landfill, Subsections (b), (c) and (d) of this section shall govern the disposal of bulky waste.
(b) 
Each household shall be entitled to dispose of at the DMIAAB facility no more than five cubic yards per calendar year of bulky waste generated within the Towns. For purposes of this section "household" shall include nonindividual residents.
(c) 
DMIAAB may at its sole discretion accept for disposal at a DMIAAB facility an additional amount of bulky waste not to exceed 2 1/2 cubic yards per calendar year per household. Any household seeking to dispose of an additional quantity of solid waste at a DMIAAB facility must make arrangements for the disposal in advance with DMIAAB and pay the actual cost of disposal.
(d) 
Households needing to dispose of larger amounts of bulky waste than 7 1/2 cubic yards per calendar year are advised to arrange in advance for the services of a licensed commercial collector. The costs of collection, transportation, and the tipping fee for such disposal shall be the obligation of the household generating the waste.
[Ord. of 8-31-89, § 10]
(a) 
Tires. Automobile, truck, trailer, farm and construction equipment and recreational vehicle tires, up to a limit of 42 inches outside diameter, from vehicles registered in the Towns may be disposed of at the DMIAAB recycle center after removal of wheels, rims and the like. Disposal of inflatable vehicular tires is governed by a DMIAAB regulation effective July 1, 1988, and such other regulations as DMIAAB may from time to time duly promulgate.
(b) 
Clean fill. Dirt, brick, masonry, concrete and asphalt waste, free of all other debris, resulting from repair or construction work carried on within the Towns and which cannot be buried on site, may be disposed of at the DMIAAB facility so long as space permits. Clean fill may be transported to the DMIAAB facility by any vehicle having a valid DMIAAB sticker. No other vehicle shall deliver clean fill for disposal at the DMIAAB facility unless prior arrangement has been made with DMIAAB.
[Ord. of 8-31-89, § 11]
DMIAAB is authorized to adopt reasonable rules and regulations to put this chapter into effect. The regulations may designate or describe authorized disposal locations within DMIAAB facilities; collector licensing provisions, disposal fee schedules; and additional items mandated for recycling. After DMIAAB adopts any such regulation, it shall publish the regulation in a newspaper having general circulation within the Towns and post the regulation in the Town halls of each Town. Following publication and posting, each regulation shall take effect on the date specified within the regulation. Once effective, the regulation shall have the full force and effect of this chapter and shall be subject to the same penalties for violation.
[Ord. of 8-31-89, § 12]
(a) 
Any commercial collector who dumps more than one cubic foot in volume of solid waste at one time in an area not designated by DMIAAB for disposal of such solid waste shall be liable for civil penalties as stated in the General Statutes.
(b) 
Any commercial collector, resident or other person who violates any section of this chapter other than Subsection (a) above shall be subject to a fine in an amount not greater than $100 for a first offense and to a fine of $100 for each subsequent offense.
(c) 
For purposes of this section, each violation of this chapter shall be considered a separate and distinct offense.
(d) 
Each commercial collector who violates any section of this chapter shall be subject to the following penalties in addition to the fines set forth in Subsection (a) of this section: in the event of two or more violations within any calendar year, suspension of the right to use DMIAAB facilities or services for the remainder of the calendar year or for a period of time not to exceed six months, whichever is greater. DMIAAB shall notify by certified mail each commercial collector whose disposal rights it suspends.
(e) 
DMIAAB shall post notice in conspicuous locations in and around all DMIAAB facilities notices informing persons of the penalties for violating this chapter.
(f) 
DMIAAB may enforce by citation the provisions of this chapter and any regulations promulgated under the authority of this chapter, provided it issues a written warning and provides a notice of the specific violation before issuing the citation. The right to enforce the provisions of this chapter and regulation through the citation procedure does not deprive DMIAAB or its constituent Towns of any other enforcement powers they may have under law.
[Ord. of 8-31-89, § 13]
(a) 
Any commercial collector whose right to use DMIAAB's facilities and services has been suspended under § 13-12 may appeal the suspension to the joint boards as set forth in § 13-14.
[Ord. of 8-31-89, § 14]
When authorized by this chapter, appeals to the joint boards from decisions of DMIAAB shall proceed as follows:
(1) 
DMIAAB shall serve written notice of its decision upon the commercial collector by certified mail.
(2) 
If the commercial collector wishes to appeal DMIAAB's decision, it shall do so by serving a written notice of appeal upon the First Selectman of each Town within seven calendar days from the date DMIAAB mailed its notice of decision.
(3) 
The first selectmen shall convene a meeting of the joint boards to hear the appeal and shall serve written notice of the time and place of hearing upon both DMIAAB and the appellant. The hearing shall begin within 14 days after both First Selectman have received notice of the appeal.
(4) 
At the hearing the joint boards shall give both the appellant and DMIAAB the right to present their respective positions. Both the appellant and DMIAAB may be represented by counsel, may present testimony by documentary or other evidence in support of their respective positions, and may cross-examine any person testifying against their position.
(5) 
The decision of the joint boards shall be final, shall be effective upon mailing, and shall be sent by certified mail to the appellant and DMIAAB.
(6) 
Filing the appeal shall stay the effect of DMIAAB's decision until the joint boards' decision, whether upholding or reversing DMIAAB, becomes effective.
[Ord. of 8-31-89, § 15]
Until this chapter becomes effective, existing ordinances and rules governing the collection and disposal of solid waste within the Towns will remain in effect. When it becomes effective, this chapter will supercede such existing ordinances. The DMIAAB regulation effective July 1, 1988, concerning disposal of inflatable vehicular tires, and any other existing regulation consistent with the terms of this chapter, will remain in full force and effect.
[Ord. of 8-31-89, § 16]
The ordinance from which this chapter derives shall be effective upon passage by both the Durham and Middlefield Town Meetings and publication according to law.