[HISTORY: Adopted by the Town Council of the Town of Wolcott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-20-1990 by Ord. No. 69]
This article is adopted by the Town of Wolcott as part of a
long-term plan for safe and sanitary disposal of solid waste, and
to establish measures to assure compliance of persons within the Town
boundaries and of collectors with the requirements of state statutes
for separation, collection, purchasing and marketing of recyclable
solid waste.
As used in this article, the following terms shall have the
meanings indicated:
The Tunxis Regional Processing Center located within the
Town of Berlin.
Any person who holds himself out for hire to collect, haul,
transport or dispose of solid waste or recyclable solid waste from
residential, business, commercial or other establishments.
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
An individual, natural person, corporation, trust, estate,
partnership, association, joint venture, government, governmental
subdivision or agency, or any other legal entity.
The type of solid waste normally generated, collected or
disposed of in the Town, which is or has been designated by the Commissioner
of Energy and Environmental Protection to be recycled, including,
but not limited to: cardboard, glass food and beverage containers,
metal food and beverage containers, newspapers, office paper, scrap
metal (white goods), waste oil, leaves and storage batteries, except
unacceptable waste and hazardous waste (as defined herein).
Real estate containing one or more dwelling units, but shall
not include hospitals, motels or hotels.
Solid waste remaining after any recycling facility holding
a permit has processed the waste, but excluding wastes which are toxic
or hazardous.
All discarded materials or substances, including but not
limited to garbage, refuse, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous materials, incinerator residue, demolition and construction
debris, offal and other discarded materials and substances resulting
from industrial, commercial, mining, and agricultural operations and
from community activities, but not including regulated medical waste
sewage and other highly diluted water-carried materials or substances
and those in gaseous form or solid or dissolved materials in irrigation
return flows or industrial discharges, or source, special nuclear
or by-product materials within the meaning of the Atomic Energy Act
of 1954, as amended.
The Town of Wolcott.
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
Any person who intends to operate as a collector in the Town
shall register in advance with the Town in the manner prescribed by
this article. Any person who operates as a collector without proper
registration within the Town 30 days after the effective date of this
article will be subject to the penalties provided in this article.
A.
All persons intending to act as collectors shall apply for registration
with the Superintendent of Public Works before July 1 of each year
on forms provided. These forms shall require the applicant to furnish
all information requested, including, but not limited to:[1]
(1)
The name of the business and whether a corporation, partnership or
sole proprietorship;
(2)
The names of all stockholders (if a corporation not publicly held),
directors, partners, officers or proprietors of the business;
(3)
A listing and description of the vehicles to be used for hauling
solid waste or recyclable solid waste;
(4)
The names and addresses of all customers presently served, if any,
within the Town;
(5)
The approximate tonnage of solid waste and recyclable solid waste
expected to be collected each week;
(6)
The names of all other communities served by the applicant;
(7)
Evidence of insurance in an amount of at least $2,000,000 or such
other amounts as the Town Council shall determine; and
(8)
Whether the applicant plans to collect recyclable solid waste generated
from residential property or from commercial, business, municipal
and other sources within the Town, or both.
B.
A registered collector shall update the information required by Subsection A at least once each year at the time of registration renewal.
C.
Once approved, the registration shall be effective until the following
June 30, and, unless properly renewed, shall lapse.
D.
The initial registration fee shall be $50; the renewal fee shall
be $50. Registration fees shall not be prorated.
A.
The Superintendent of Public Works or designee shall mail to the
applicant written notice of the approval or denial of an application
for registration as a collector within 60 days after the submission
of the completed application. Registration is effective only upon
approval and issuance of the notice of approval.[1]
B.
The Superintendent of Public Works may refuse to grant registration
to any applicant, or may suspend the registration of any registered
collector, if that person 1) has violated or does violate any provision
of state statutes pertaining to solid waste or recyclable solid waste;
2) violates this article; or 3) is not insurable in accordance with
this article. A suspension of registration may not exceed a period
of 180 days for any one violation, provided that repeated or willful
violation of this article may result in permanent revocation of registration
without right to reapply.[2]
C.
No denial, suspension or revocation notice will be effective until
the person adversely affected has been notified in writing of that
decision and the reasons for it, and has been afforded a reasonable
opportunity to appear at an informal hearing before the Superintendent
of Public Works to respond.[3]
D.
Any person aggrieved by an initial denial, a suspension or a revocation of registration may appeal that decision to the Town Council by filing a notice of appeal with the Town Clerk within 15 days after either 1) notice of the initial decision is mailed to that person, or 2) the informal hearing provided under Subsection C of this section is held and the decision affirmed by the Superintendent of Public Works or designee. The Town Clerk shall immediately notify the Town Council of any appeal.[4]
E.
A hearing shall be scheduled before the Town Council for a date not
more than 30 days after the notice of appeal is filed. The hearing
may be postponed or continued to a later date not more than one time,
and the later date must be no more than two weeks after the original
date. Written notice of the hearing shall be given by the Town Clerk
to the person taking the appeal and to any person who requests notice
of the hearing. The hearing may be held at a regular or special meeting
of the Town Council.
F.
At the hearing, the person aggrieved shall be permitted to present
evidence and cross-examine witnesses. No formal rules of evidence
shall apply, but the Town Council may exclude irrelevant or duplicative
evidence. The Town Council shall make its decision within 45 days
of the date the notice of appeal is filed. That period may, but need
not be, extended by any period of postponement which is requested
for the convenience of the person bringing the appeal. The decision
may 1) affirm the decision denying, suspending or revoking the registration,
2) reverse the decision and order the registration granted or reinstated,
or 3) order the registration granted or reinstated with modifications
or conditions. The decision of the Town Council shall be final.
Beginning 30 days after the effective date of this article,
all persons not properly registered as collectors and all collectors
whose registrations have been suspended or revoked are prohibited
from engaging in collecting, hauling, transporting or disposing of
solid waste generated within the Town.
A.
It shall be a violation of this article for any person, other than the generator of the solid waste or a registered collector, to scavenge solid waste for pecuniary gain from recyclable solid waste placed in containers or packaged for collection at the curb or taken to disposal sites designated pursuant to § 309-8F(4). Scavenging shall include collecting, recovering, hauling, storing or disposing of solid waste other than as authorized by this article.
B.
Each occurrence of scavenging in violation of this article shall
constitute a separate offense.
A.
On and after January 1, 1991, any person who generates solid waste
from residential property shall separate from the other solid waste
items designated for recycling by the Commissioner of Energy and Environmental
Protection.
C.
All residential recyclable solid waste shall be separated by the
generator and placed in containers or packaged for collection at the
curb or designated location for solid waste pickup.
D.
The Town shall supply one initial set of recycling containers to
each dwelling unit. Upon receipt of a set, the occupant of the dwelling
unit shall immediately label the recycling containers with the address
of the dwelling unit where the containers shall be used. All recycling
containers shall be so labeled the first time they are set out for
collection.
E.
The initial set of recycling containers shall be the property of
the Town. Upon moving, or vacating the dwelling unit, the occupant
shall leave the containers with and for the use of the new occupants
of the dwelling unit. When a container is lost or damaged, the occupant
of a dwelling unit shall replace the container with a like type of
container, which shall be provided by the Town's Department of Public
Works or suppliers designated by the Superintendent of Public Works.[2]
F.
The following residential recyclables shall be segregated and placed
out for collection by the collector according to collection schedules
designated and published by the Town or shall be disposed of at sites
designated and published by the Town:
(1)
Clear glass food and beverage containers shall be placed in a separate
recycling container and shall not be commingled with any other recyclable
product or solid waste.
(2)
All other glass food and beverage containers, and all metal food
and beverage containers, shall be in a separate recycling container
and shall not be commingled with any other recyclable product or solid
waste.
(3)
Newspapers, cardboard, and office paper (fiber products) shall be
bound with twine in bundles or placed in paper bags and shall not
be commingled with any other recyclable product or solid waste.
G.
All recyclable solid waste shall be prepared and disposed of by the
occupants of the dwelling unit in a safe and sanitary manner.
H.
Collectors of residential recyclable products shall handle recycling
containers in a manner which shall minimize any damage to them and
assure that the containers are available for reuse by the occupants
of the dwelling unit to which they are assigned.
A.
On and after January 1, 1991, any person who generates solid waste
from other than a residential property shall make provisions for the
separation from other solid waste of the items designated for recycling
by the Commissioner of Energy and Environmental Protection.
C.
Any person who generates recyclable solid waste from commercial,
industrial, business or nonresidential property shall dispose of such
items in a safe and sanitary manner in designated receptacles for
recyclable products.
D.
Owners of commercial, industrial, business, or nonresidential property
where recyclable solid waste is generated shall provide sufficient
and adequate areas and/or receptacles on the premises for the separation
and storage of recyclable products. All recycling receptacles shall
be clearly labeled as to type of recyclable product to be deposited
in the receptacle and the address of the property.
E.
Recyclable solid waste shall be segregated and packaged as required
by the collector so as to be accepted for processing at a site determined
by the collector, or at any other site or recycling solid waste facility
as may be designated by the Town Council.
F.
Owners of commercial, industrial, business or nonresidential property
shall make sure that all receptacles are maintained in a safe and
sanitary manner.
Every collector and every other person disposing of recyclable
solid waste generated within the town shall dispose of recyclable
solid waste as follows:
A.
The Town shall from time to time designate and publish which items
of recyclable solid waste shall be disposed of at the center and which
items shall be disposed of at other sites.
(1)
All designated, presegregated recyclable solid waste generated from
residential property shall be taken directly to the center.
(2)
All other presegregated recyclable solid waste generated from residential
property shall be taken to disposal sites designated by the Mayor's
office in cooperation with the Director of Public Works.
(3)
The collector shall keep and maintain records of the quantity and
type of recyclable waste delivered to each disposal site, and the
location and date of delivery of such items to the site.
(4)
No recyclable solid waste from any other Town shall be disposed of
at any Town disposal site, other than the center, unless express advance
written permission is first obtained from the Town Council. The collector
shall comply with all requirements pertaining to such alternate disposal.
(5)
All other solid waste generated within the Town and collected from
any other source shall be separated by the collector into recyclable
solid waste and other solid waste. The recyclable solid waste shall
be further segregated and packaged to be disposable at the center
or at such other designated disposal sites for the particular type
and category of recyclable solid waste, as designated and published
by the Town.
B.
Any collector who is requested or contracted to transport residue
remaining after the center or other recyclable solid waste disposal
area has processed any portion of the Town's recyclable solid waste
shall transport such solid waste to the solid waste disposal facility
designated by the Town. The collector shall comply with all reporting
and record-keeping requirements of the center and of any other recyclable
solid waste disposal facility designated by the Town.
C.
Until one or more sites have been designated for disposal of the Town's recyclable solid waste in accordance with the procedures of C.G.S. § 22a-220a, and until notice has been given under Subsection E requiring the use of any such disposal site, all recyclable solid waste shall be disposed of in accordance with the Town's existing solid waste plan and existing agreements, as those plans and agreements may be modified from time to time.
D.
After a disposal site for the Town's recyclable solid waste has been
designated, and after the Town has been notified in accordance with
its contracts that the site is available for use, the Town Clerk or
designee shall give notice of the requirements for solid waste disposal.
After the notice is published, all persons collecting, transporting
or disposing of recyclable solid waste in the Town shall comply with
the requirements of that notice not later than the date specified
for compliance in the notice.
E.
Notice that a designated disposal site for recyclable solid waste
is available for either partial or full use shall be published in
the same manner as is required for hearings before ordinances are
adopted by the Town. In addition, individual notice of those requirements
shall be mailed to every person who is registered in the Town as a
collector. The notice shall specify the date after which all persons
disposing of recyclable solid waste in the Town must use that disposal
site, and shall generally state any other necessary requirements for
that disposal, such as limitations on the amount of recyclable solid
waste which may or must be delivered, or the dates or times at which
delivery must be made.
F.
In addition to designating a disposal site for recyclable solid waste,
the Town may from time to time designate or identify additional sites
for disposal of unacceptable waste, hazardous waste, or recyclable
solid waste in excess of the amount to be disposed of at the primary
designated site. Those sites may include transfer stations or drop-off
sites for the convenience of residents, landfills, or any other type
of facility deemed appropriate by the Town. If any person will be
required to use a particular site, that site shall be designated in
the manner provided in C.G.S. § 22a-220a.
A.
All recyclable solid waste is subject to inspection at curbside or
designated pick-up locations by the collector and/or the Town to determine
property separation and segregation of recyclable solid waste and
solid waste as set forth in this article.
B.
The collector shall notify the Superintendent of Public Works of
any violation of this article within 24 hours of its discovery. Notification
shall be in a manner and fashion prescribed by the Superintendent
of Public Works.[1]
C.
The Superintendent of Public Works, upon receipt of a notice of violation
from a collector, shall give written notice to the generator of the
solid waste that a violation has occurred. Upon receipt of a second
notice of violation as to the same generator, the Superintendent of
Public Works shall issue a second notice of violation which shall
advise the generator that subsequent violations shall be cause for
penalties in accordance with this article, and that future recyclable
solid waste from said dwelling unit shall not be collected at the
sole option of the Town.[2]
B.
Every collector shall keep and maintain accurate records.
C.
Said records shall include all information requested, including,
but not limited to, the following:
(1)
The amount of recyclable solid waste derived from each municipality
recorded by truckload;
(2)
The disposal facility to which the waste is taken and the total tonnage
disposed of at such facility(ies); and
(3)
The amount of solid waste derived from a recycling facility which
has processed the Town's recyclable solid waste, transported from
that facility to the Bristol trash-to-energy facility.
Every person who violates any provision of this article shall
be guilty of a violation, as defined in C.G.S. § 53a-27(a),
and shall be subject to a maximum fine of $250 for each violation.
Every date that a person continues in violation of this article shall
be deemed a separate violation.
