[Ord. No. 90-5, 10-15-1990; Ord. No. 90-6, 12-3-1990; amended 2-3-2014 by Ord. No. 14-01]
As used in this article, the following terms shall have the meanings indicated:
CARDBOARD
Corrugated boxes and similar corrugated paper materials which have a minimum of contamination by food or other material.
GLASS FOOD CONTAINER
Any glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.
HAULER or COLLECTOR
Any person who engages in the business of collecting and removing refuse or recyclables within the Town.
MARKETING
Transport for purpose of disposal, sale or deposit of recyclables as defined herein.
METAL FOOD CONTAINER
Any aluminum, bimetal, steel, tinplated steel, or other metallic can, plate or tray of any size or shape used to package food or beverage products suitable for human or animal consumption. Clean aluminum foil is also included in this category.
NEWSPAPER
Any newspaper of general circulation as defined by general law; any newspaper duly entered with the postal service of the United States in accordance with federal statute or regulation; any newspaper filed and recorded with any recording officer as provided by general law. Also includes any used or discarded newsprint which has a minimum of contamination by food or other material including all advertisements, supplements, comics and enclosures but excluding any unrelated magazines, miscellaneous stationery products or other paper products not specifically listed.
OFFICE PAPER
Any used or discarded high-grade white paper and manila paper, including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photocopying, which is suitable for recycling and which has a minimum of contamination.
RECHARGEABLE BATTERY
Any device used for generating electric current through a chemical reaction.
RECYCLABLES
Any items designated by these Articles I through IV or by regulations as prescribed by the Town Manager or designee to be separated or diverted as defined below under "recycle."
RECYCLE
To separate or divert an item or items from the solid waste stream for the purposes of processing it, causing it to be processed, or storing it for later processing into a material product, including the production of compost, in order to provide for disposition of the item or items in a manner, other than incineration or landfilling, which will best protect the environment. Nothing in this definition shall preclude the use of waste oil, waste tires or waste wood as fuel in an incinerator or energy plant.
RECYCLING CENTER
The Town's recycling facility, area or areas as designated by the Town Manager or his designee.
RECYCLING CONTAINER
Any container designated by the Town for use in a recycling program.
RECYCLING FACILITY
Any facility providing processing, storage or separation services to individuals or companies for recyclables.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods.
SCRAP TIRES
Discarded rubber or synthetic rubber tires used by or manufactured for vehicles, including, but not limited to, automobiles, trucks, buses and trailers.
STORAGE BATTERY
Batteries used in motor vehicles, airplanes, boats, recreational vehicles, tractors and like application or other lead-acid batteries.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
It is hereby declared that reduction in the amount of solid waste generated and conservation of recyclable materials is an important public concern. Therefore, the collection of newspaper, metal, glass, paper, cardboard, yard waste and other recyclable items from residences and business establishments in the Town of Windsor will not only serve the public interest and the environment but will also result in a financial benefit in long-term solid waste management within the Town. To accomplish these objectives, it is vital that regulation of such collection be established in order to ensure that private interests are not promoted to the disadvantage of the residents and taxpayers of the Town of Windsor.
The following material shall be classified as recyclable material and subject to the separation and collection requirements as established in this chapter:
(1) 
Newspapers and inserts delivered with the newspaper;
(2) 
Corrugated cardboard;
(3) 
Glass food containers;
(4) 
Metal food containers;
(5) 
Plastic containers (No. 1 through No. 7);
(6) 
Aseptic packaging, juice and milk cartons, and juice boxes;
(7) 
Aluminum foil;
(8) 
Magazines, brochures, white and color paper, junk mail, envelopes;
(9) 
Phone books, catalogs, hard and soft cover books, paperboard boxes, file folders;
(10) 
Office paper from nonresidential establishments, public institutions and non-profit corporations;
(11) 
Leaves;
(12) 
Waste oil (crankcase oil from internal combustion engines);
(13) 
Storage batteries (from motor vehicles);
(14) 
Rechargeable batteries (from consumer products);
(15) 
Scrap metal;
(16) 
Scrap tires;
(17) 
Yard waste.
(18) 
Any other items that may be added through rules or regulations established by the Town Manager or his designee.
(a) 
Residents. It shall be mandatory for all residents who are owners, lessees or occupants to separate from other solid waste all recyclables as defined in this chapter. Collection of the recyclables from all residences, exclusive of multifamily residences, shall be made by the Town of Windsor or a contractor thereof on a schedule to be established by the Town Manager or his designee or shall be provided as a resident drop-off service. Collection of recyclable materials from multifamily residential buildings as well as all nonresidential establishments and public institutions or facilities in the Town shall be the responsibility of the owner, lessee or occupant of such multifamily building or nonresidential establishment and public institution or facility.
(b) 
Businesses, multifamily residences, nonresidential establishments, public institutions. All persons who are owners, lessees or occupants of multifamily residences, nonresidential establishments and public institutions or facilities shall establish recycling programs and shall separate from other solid wastes or arrange to separate, collect, transport and market all items designated as recyclable. In no case shall such person or firm commingle recyclables with other solid wastes prior to collection for recycling. All processing, separation and marketing of recyclables must take place at a state-certified recycling facility.
(c) 
Penalties for mixing recyclables. Any waste hauler or recycler who knowingly mixes recyclables with other solid waste shall be subject to the penalties as set forth herein.
(a) 
Residents served by the Town of Windsor shall use the recycling containers provided to each household for the purpose of collecting the recyclables and placing them for pickup. These containers shall not be used for solid waste, refuse or other purpose. Recycling containers shall be placed at the curbside no earlier than 6:00 p.m. of the evening prior to the scheduled pickup. All recyclables shall be separated from nonrecyclables in the following manner and recyclables not handled as specified below will not be collected and penalties may be imposed:
(1) 
All clean and unsoiled newspaper shall be separated from the refuse and not contaminated with food or other waste materials.
(2) 
All clean and unsoiled corrugated cardboard shall be separated from the refuse, flattened and placed at curbside for scheduled pickup.
(3) 
All containers, including, but not limited to, metal and glass food containers and aluminum foil products shall be rinsed and devoid of food products, placed in the recycling container and placed at the curb for scheduled pickup.
(b) 
Recyclables from residences shall be placed in an approved container for collection, removal or disposal. Recyclables from residences shall not be placed in the same refuse container as or otherwise mixed with other forms of solid waste for collection removal or disposal.
(c) 
Each nonmultifamily residence shall receive an approved container for carrying out the requirements of this chapter.
All storage batteries, used motor oil, vehicle tires and leaves (except as provided under Article V) generated by residences shall be brought to the residential transfer station and placed in the marked containers or locations as established by the Town. Except that in the case of storage batteries and scrap tires, they may be brought to a local retailer as provided by state law. Used motor oil shall be transported in plastic or metal closed containers and poured into the waste oil tank.
The disposal of any refuse by any person in the refuse disposal area which contains a substantial amount of recyclables as defined under Section 8-62 is prohibited. For the purposes of this section, "substantial" shall mean constituting more than 20% by volume as determined by a visual inspection by appointed enforcement officials. Such visual inspections may occur at any time after pickup of refuse from the point of generation until after tipping at the refuse disposal area.
The following persons or firms must comply with reporting requirements as described herein.
(1) 
Businesses, multifamily residences and institutions. All owners of multifamily residences, and owners, lessees or occupants of nonresidential establishments, and public or private institutions or facilities shall submit yearly documentation of their recycling system on forms provided by the Town. The first report shall describe the system in general, including items to be recycled, haulers receiving the materials and frequency of pickup or delivery. Reports must be submitted to the Town Recycling Coordinator by January 1.
(2) 
Haulers.
a. 
All haulers permitted by the Town shall submit documentation, no less frequently than quarterly, on their recycling activities in the form of weight slips or a signed business letter indicating the total amount of each item described in Section 8-62 recycled each quarter, the names of those nonresidential or multifamily establishments within the Town that they service, those contracts not complying with the provisions of this chapter, and any changes made to the system employed for recycling. Recycling documentation will be due on or before the eighth of the month following the end of each quarter.
b. 
Any hauler who has reason to believe that a person from whom he collects refuse has violated the separation requirements detailed in this chapter shall issue a warning notice (provided by the Town) and promptly notify the Town Manager or his designee of the alleged violation. Haulers shall also assist the Town in identifying persons responsible for creating loads with mixed recyclables and solid waste.
c. 
All haulers shall report any ordinance violation occurring on their route to the Town Manager or his designee within 24 hours of the occurrence, including the name of the firm or individual committing the violation and the type of violation.
(3) 
Recycling facility operations; documentation of activities.
a. 
All recycling facilities receiving recyclables from the Town must submit documentation, no less frequently than quarterly, on their recycling activities in the form of weight slips or a signed business letter indicating the amounts recycled from the Town, and any changes made to the system employed for recycling. All recycling facilities receiving recyclables from the Town will report any state statute or regulation violation from collectors bringing Town recyclables to their facility within 24 hours of the occurrence, including the name of the firm or individual committing the violation and the type of violation involved.
b. 
All such facilities providing recycling service for the recyclables brought from the Town must hold a state permit for such operations.
(a) 
It shall be a violation of this chapter for any person not authorized by the Town to collect or pickup, or cause to be collected or picked up, any recyclables from residences.
(b) 
All recyclable material placed for collection shall be owned by and be the responsibility of the resident until the materials are collected by the collector. No person other than the person placing the recyclable materials for collection, or the collector shall take physical possession of any recyclable material separated from solid waste or refuse, set out in the vicinity of the curb, and plainly marked for recyclable material collection.
(c) 
The provisions of this chapter shall not preclude waste generators from donating recyclables to any person, partnership or corporation, whether operating for profit or not for profit, and shall not preclude waste generators from bringing recyclables to the Town recycling drop-off center.