[Last amended 2-3-2014 by Ord. No. 14-01]
[1]
Editor's Note: This article and Art. II were original derived from Code 1961, §§ 9.02.02 through 9.02.02, 9.09.01, and 9.09.03 through 9.09.19 and the following: Ord. No. 68-5, adopted 2-17-1969, Ord. No. 74-5, adopted 9-23-1974, Ord. No. 75-6, adopted 12-1-1975, Ord. No. 77-2, adopted 7-18-1977, Ord. No. 80-5, adopted 6-16-1980, Ord. No. 82-3, adopted 6-7-1982 and Ord. No. 90-5, adopted 10-15-1990.
As used in this article, the following terms shall have the meanings indicated:
APPROVED CONTAINER
Standard containers, dumpster-type containers and special containers.
ASHES
The residue from burning of wood, coal, coke or other combustible materials.
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle as required and authorized in this chapter within the definition of "approved container."
BULKY WASTE
Large, nonputrescible items, such as oversize waste and white goods, including discarded appliances and furniture, construction waste and demolition debris, including, but not limited to brick, mortar, wood, shingles, sheetrock, and window glass, as well as land-clearing debris.
BUNDLE
Boxes, cartons, paper, trimmings and similar matter bound so as not to exceed four feet in length and which shall not weigh over 60 pounds.
BUSINESS
Any retail, service and office uses as permitted in the Town Zoning Regulations.
COLLECTION VEHICLE OR EQUIPMENT
Any vehicle or equipment used by haulers in the collection of refuse, solid waste or recyclables.
COLLECTOR
See "hauler."
COMMERCIAL
Any activity conducted as a business for profit.
CURBSIDE OR BACKYARD COLLECTION
The collection of presorted refuse or recyclable materials from standard containers at non-multifamily residential dwellings.
DUMPSTER-TYPE CONTAINER
Any container which is so constructed that the container can be handled by the equipment used for collection; which has a tight-fitting cover or closure; and which is of watertight construction when intended or used for any refuse storage, especially for refuse likely to generate liquid wastes. Each dumpster shall be identified with the name and telephone number of the hauler servicing the dumpster.
HAULER
Also referred to as a "collector," is any person or company who engages in the business of collecting, transporting and/or removing solid waste or recyclables within the Town; shall also mean a person or company that has been issued a license pursuant to this article by the Town to collect and haul solid waste or recyclable material.
HAZARDOUS WASTE (as defined in the U.S. EPA Regulations 40 CFR, Part 261)
Any solid waste which exhibits any of the characteristics of ignitability, corrosivity, reactivity, EP toxicity, and is not excluded as a hazardous waste under Subpart 261.4(b) of the U.S. Code of Federal Regulations, as may be amended.
INDUSTRY
Research laboratories and offices and other activities associated with manufacturing, fabricating, compounding, assembling, packaging, storage or treatment of articles or their wholesaling and distribution as permitted in the Town Zoning Regulations.
MULTIFAMILY
For the purposes of Articles I through IV of this chapter, a residential dwelling that utilizes dumpster service for regular refuse and/or recyclables collection as opposed to curbside collection by a hauler.
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Town owned or used by the Town and devoted to active or passive recreation.
PERSON
May extend and be applied to communities, companies, corporations (public or private), societies and associations.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited temporarily or continuously vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
PUBLIC PLACE
Any street, sidewalk, boulevard, alley or other public way and any public park, square, space, grounds and building.
REFUSE
Putrescible and nonputrescible solid waste material, but excluding items designated as recyclable, bulky wastes, oversize waste and white goods, and compostable materials.
REFUSE DISPOSAL AREA
Location as established by the Town whereby refuse is permitted to be tipped from permitted vehicles for disposal, or for transfer into other vehicles for hauling to a disposal site.
RESIDENT
Any individual residing in Windsor.
RESIDENTIAL TRANSFER STATION
The refuse disposal area identified by the Town for use by residents with disposal permits to dispose of solid waste, refuse and/or recyclable materials.
SOLID WASTE
Putrescible and nonputrescible solid and semi-solid wastes, including refuse, garbage, rubbish, oversize wastes, white goods, ashes, demolition and construction wastes; excluding the following materials defined in C.G.S. § 22a-207: hazardous waste, household hazardous waste, biomedical waste, liquid waste, sewage sludge (including septic tank and cesspool pumpings), discarded or abandoned vehicles or parts thereof, and waste from a resource recovery facility.
SPECIAL CONTAINER
Any storage container other than those defined in this section, approved by the Town Manager, which does not violate any of the provisions of this chapter.
STANDARD CONTAINER
A watertight plastic or metal container with handles or bails, having a tight-fitting cover, not weighing over 35 pounds empty, not weighing over 60 pounds when filled, and not having more than 32 gallons' capacity; or heavy-duty plastic rolling carts for refuse or recycling collection purposes up to a capacity of 95 gallons; or plastic and paper bags of the type, size and material designed for refuse disposal.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway.
WOOD WASTE
Wood pallets, logs, boards, stumps and other wood not defined under yard waste.
YARD WASTE
Brush and the boughs of trees.
(a) 
All persons occupying or maintaining any premises within the Town where refuse and recyclable materials are created, produced or accumulated shall maintain sufficient approved refuse and/or recycling containers for receiving and holding all refuse and recyclable materials produced, created or accumulated on such premises. All approved containers shall be maintained in a clean and sanitary condition, kept in good repair, and kept tightly covered at all times. A licensed solid waste collector shall be responsible for maintaining the containers in good condition unless this responsibility has been assumed by the person occupying or maintaining the premises under the terms or conditions of the use. A reinforced concrete pad may be required for dumpster-type containers in order to maintain the dumpster area in sound condition and in good repair. All garbage storage areas shall be effectively screened from public view.
(b) 
No person shall accumulate, store or require the storage or handling of solid waste or recyclable materials in such a manner so as to promote the propagation, harborage or attraction of vectors or so as to create a nuisance or hazard to public travel, health or safety.
(c) 
The owner of solid wastes or recyclable materials generated on any property shall cause the same to be removed by a licensed solid waste collector at frequencies sufficient to prevent the occurrence of a nuisance, but in no case shall solid waste be stored by any person for more than seven days, exclusive of holidays.
(d) 
Refuse and/or recycling containers maintained as provided in this section shall be located on the property or premises of the person producing such refuse/recycling in such areas so as not to be visible from the street, sidewalk or public place except after 6:00 p.m. of the day before the next scheduled pickup. Serviced containers shall be removed from the street before 8:00 p.m. on the day of the pickup.
(a) 
No person within the Town shall store or otherwise have bulky waste on his property or property in his control, unless such bulky waste is kept in a satisfactory manner. "Satisfactory manner" means that all bulky waste, except scrap metal, shall be kept in approved containers or bundles. A reinforced concrete pad may be required for dumpster locations. All bulky waste storage areas shall also be effectively screened from public view. Bulky waste shall not be stored by any person for more than 30 days.
(b) 
Bulky waste shall not be placed outside for collection prior to 6:00 p.m. of the evening of the day before the next scheduled pickup. The Town Manager or his designee may, for cause shown, extend this period.
(a) 
All refuse and other solid waste materials upon being removed from the premises where produced or accumulated shall become the property of the solid waste collector. Upon being deposited in a designated transfer, processing or disposal facility, such materials shall forthwith become the property of the owner of such facility.
(b) 
No person shall engage in any scavenging, salvaging or recycling activities from approved containers owned by others.
(a) 
No person or entity shall operate as a collector or hauler without a current annual collector license for such activity. No person shall collect, haul or transport solid waste, refuse or recyclable materials on any public highway within the Town without making application and receiving this license.
(b) 
The provisions of this section shall not apply to persons hauling household refuse or recyclables from their own residences; nor to any business hauling their own refuse generated by themselves; nor to farming or agricultural operations; nor to municipalities or public agencies; nor to building contractors hauling solid waste generated by their own activities.
(c) 
Each licensee shall only use vehicles for collecting, hauling or transporting solid waste, refuse or recyclable materials for which they have obtained a permit from the Town for each vehicle used for this purpose.
(d) 
The door of any vehicle or equipment used to haul solid waste, refuse or recyclable materials shall be clearly marked with the business name and address of the collector. Any dumpster used in the collection of such materials shall be clearly marked with the name and phone number of the collector (hauler).
(e) 
Haulers shall keep all vehicles and equipment in good and sanitary condition, and such vehicles shall be constructed so that there shall be no loss of refuse, including liquid waste, therefrom when same is being used.
(f) 
The hauler's premises shall be neat and orderly, shall not contain any refuse, and shall meet all Town of Windsor applicable zoning regulations (or similar regulations from another municipality for facilities outside of the Town).
(g) 
All collections by a hauler shall be made with a minimum of disturbance and only between the hours of 7:00 a.m. and 8:00 p.m.
(h) 
After removal of refuse, all refuse containers shall be immediately closed by the hauler or the person renting the container.
(a) 
The application for an annual collector license shall be submitted to the Town Manager or designee on a completed Town of Windsor annual collector licensing application form.
(b) 
The Town Manager or designee shall develop and implement any regulations for the annual collector licensing program.
(c) 
In accordance with this chapter, with any regulations, and with C.G.S. § 22a-220a(d)(1), any collector shall disclose the following information with his or her license application prior to receiving an annual collector license:
(1) 
The name and address of the collector (hauler), and the owner(s) and/or partner(s) of such collector company;
(2) 
The name(s) of any other municipality in which the collector collects and/or hauls such materials;
(3) 
The types of such materials collected/hauled;
(4) 
The names/locations of the designated transfer station, processing facility or disposal area(s) that the applicant will utilize for the disposal of solid waste, refuse or recyclable materials collected and transported by the applicant. Any such facility shall have the required Connecticut DEEP permit (or similar permit from another state) for receipt of such materials;
(5) 
The number of vehicles owned or controlled by the applicant suitable for the collection and transportation of solid waste, refuse, or recyclable materials, including license numbers and the volume of cubic yards of each;
(6) 
A statement that the vehicles and equipment conform to all applicable provisions of this chapter;
(7) 
The locations where the applicant's equipment is garaged and may be inspected by the Town;
(8) 
A map of each proposed residential collection route shown to a size and scale suitable to the Town, and the day of the week regular collection service will be provided on the route. Such route listings are to be tallied to give the total number of residential customers proposed to be served accurately and up to the date of the application submitted. These routes may not be changed during the term of a license without the notification of, and approval of the Town; and
(9) 
Any additional information that the Town requires as part of the annual collector licensing program to ensure the health, safety and welfare of its residents and businesses.
(d) 
All applications shall be accompanied by a fee for the license or the renewal of an existing license. The amount of the fee for the license shall be established and approved as a part of the Town of Windsor Price Guide.
(e) 
The Town Manager or designee shall issue an annual collector license upon the applicant satisfying the requirements herein, as well as those in the regulations established for this program, and upon full payment of the annual license fee.
(a) 
Licensed collectors (haulers) shall report to the Town Manager or designee no later than July 31 each year on the following information regarding solid waste, refuse, and/or recyclable materials collected during the prior fiscal year:
(1) 
The types of such materials generated within the Town and collected by the collector;
(2) 
The name, location and contact information of the entity for the first destination where such materials were delivered by the collector;
(3) 
The amount by weight, volume or other method acceptable to the Town of each of such materials delivered to such destination; and
(4) 
The types and actual amounts of such materials directly delivered to an out-of-state destination or to an end user or manufacturer in the state.
(b) 
Such reports shall be on a form prescribed by the Town and shall include any other additional information the Town deems necessary.
(a) 
Each person who generates solid waste from a residential property shall separate recyclable materials from other solid waste.
(b) 
No person shall knowingly combine previously segregated recyclable materials with other solid waste.
(c) 
Except for materials not properly prepared for recycling, collectors may not dispose of recyclable materials set out for collection by their customers by any means other than delivery to a permitted recyclables processing facility.
(d) 
Collectors that provide refuse collection services to their residential customers shall charge these customers for this service (subscription service) on the basis of the volume of the refuse containers subscribed by the customer for collection. The price structure shall be unit-based to encourage customer's reduction in refuse requiring removal, while maximizing the amount of recyclables separated for collection. The collector shall determine a single standardized refuse collection container size, and establish a standardized price to be charged for the disposal of this base volume. Should a residential customer desire a container that is of a different size than the standard size, then the collector shall provide such a container, for which the collector may charge a different amount than the standardized price for disposal of the refuse by the customer. Lesser amounts shall be charged for smaller containers, with higher amounts being charged for servicing containers larger than the standard. The collector shall offer and advertise a minimum of two container sizes to residential customers.
(e) 
Collectors may establish rules and regulations regarding the safe maximum weight of the contents of approved containers. A collector may refuse to collect any approved container which is overloaded or which contains a volume of refuse or solid waste greater than the rated or specified volume of such container. The collector may also determine to account for and bill the customer for the collection of such excess refuse or solid waste.
(f) 
In the event the collector elects to perform collection of materials provided for in this chapter through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this chapter or any rule or regulation promulgated hereunder.
(g) 
Nothing herein shall prevent or prohibit licensed collectors from charging additional fees for providing services in addition to refuse collection and disposal. These services may include bulky waste, yard waste, and land-clearing debris collection and disposal.
(h) 
No person or collector shall receive, dispose of, transport, or process solid waste, refuse or recyclable materials at any solid waste facility, volume reduction plant, solid waste disposal area, recycling facility or composting facility unless such facility complies with the provisions of C.G.S. § 22a-208a, or the provisions of a permit issued by another state.
(i) 
When a collector delivers solid waste, refuse or recyclable materials to a facility that has obtained a permit or authorization from the state, then, upon delivery, such collector shall identify to the receiving facility for each load of such materials from Windsor that the materials originated from the Town.
(j) 
Any person, other than a collector, who dumps more than one cubic foot in volume of solid waste in a refuse collection container without the authorization of the owner of such container, or dumps any material into a recycling collection container used to collect another type of material for purposes of disposal by a collector shall be guilty of an infraction.
(k) 
Every customer who generates solid waste and/or refuse from a business or multifamily dwelling shall make provision for and cause the separation of recyclable materials from other solid waste through the use of separate collection containers for the designated items versus the containers for solid waste and refuse.
(l) 
Each contract between a licensed collector and a customer from a business or multifamily dwelling for the collection of solid waste shall make provision for the collection of recyclable materials, either by providing for the collection of the recyclable materials by the same collector who is a party to the solid waste contract, or by including an identification by the customer of the collector with whom the recyclable materials collection contract exists. The provisions of this section shall not be construed to require a customer to contract exclusively with one collector for the collection of both the recyclable materials and solid waste. Each collector shall provide each customer with clear written and/or pictorial instructions on how to separate the recyclable materials in accordance with the provisions of C.G.S. § 22a-241(b).
(m) 
Collectors that collect solid waste, refuse and/or recyclable materials from multifamily or business customers shall offer such services with a frequency as is necessary to prevent overflow from the collection containers utilized.