[Ord. of 8-31-89, § 1]
(a)
BOARD OF SELECTMEN
BULKY WASTE and SPECIAL BULKY WASTE
CLEAN BRUSH CAPABLE OF BURNING
COMMERCIAL COLLECTOR
COMPOSTABLE MATERIAL
DMIAAB
DMIAAB FACILITY
HAZARDOUS WASTE
HOUSEHOLD
THE JOINT BOARDS
LICENSED COMMERCIAL COLLECTOR
RECYCLABLE MATERIAL
RECYCLING
RESIDENT
RESIDENTIAL WASTE
SOLID WASTE or GARBAGE
SOURCE SEPARATED FORM
TOWNS
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:
The duly elected Board of Selectmen of either the Town of
Durham or the Town of Middlefield.
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.
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.
Any person who holds himself out for hire to collect solid
waste from residential, business, commercial, institutional or other
establishments.
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.
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.
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.
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.
A building, or any portion of the building, located within
the Towns and which one or more individual residents occupy as living
quarters.
The boards of selectmen of the Towns of Durham and Middlefield
meeting jointly.
A commercial collector licensed by DMIAAB under the provisions of § 13-7.
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.
Separation, accumulation and shipment for reuse of recyclable
materials.
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.
Trash, rubbish, waste material and any unwanted or discarded
materials.
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.
The Towns of Durham and Middlefield.
(b)
CLASS I
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
CLASS II
(1)
(2)
(3)
(4)
(5)
(6)
(7)
CLASS III
CLASS IV
CLASS V
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
CLASS VI
CLASS VII
This chapter occasionally refers to classes of solid waste. Those
classes are as follows:
Garbage and trash suitable for disposal at the Durham-Middlefield
landfill with daily cover or by combustion under regulated conditions:
Scrap and/or soiled paper and cardboard items;
All plastic items (tools, toys, cans, bottles, yard items, sports
equipment, etc.);
All light bulbs (both fluorescent and incandescent, e.g. all
sizes and uses);
All mattresses, box springs, pads, rugs and carpeting;
All padded furniture;
All clothes and footwear;
All personal care products, e.g. sanitary and toiletries including
containers;
All food waste and scraps;
All pet care material and wastes;
All small ceramics, broken and whole glasses and dishes, flat
glass and mirrors;
All scrap rubber (not to include vehicle tires);
All natural and imitation leather items;
All bimaterial items (combining wood, plastic, paper and metal)
such as bimetal cans, oil filters, ring binders, television sets;
All containers not recyclable, e.g. paint cans, empty oil cans
and bottles, baskets, aerosol cans, flower pots, etc.
Recyclable material as now or in the future may be specified:
Glass, tin and aluminum bottles and cans, rinsed clean but no
bags;
Newspapers, magazines, junk mail, computer and office paper,
paperback books, paper bagged or tied;
Corrugated box, flat (no waxed or wet strength);
Lead batteries;
Aluminum, copper and brass scrap (gutters, windows, doors, pipe,
furniture, fixtures);
Ferrous scrap metal, all kinds, including white goods, yard
items, etc.;
Residential waste motor oil (no contaminants).
Compostable materials not capable of being disposed of at
the point of generation:
Brush suitable for clean burning:
Bulky waste not suitable for clean burning (subject to volume
and size limitation):
Demolition material;
Plaster and plaster board;
All pressed and composition board;
Asphalt roofing; shingles and rolled;
Linoleum, asphalt and vinyl floor covering;
Wooden furniture;
Scrap lumber, pallets and wooden boxes;
Ceramic fixtures (not to include enamel over metal).
Special bulky wastes:
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.
[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.
[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.
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(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]
[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.