The First Selectman of Burlington shall appoint one or more persons to issue littering, dumping, and recycling citations and enter orders authorized by this article. Such officials shall not be persons appointed as hearing officers pursuant to §
296-4.
The First Selectman of Burlington shall appoint one or more
persons to conduct littering, dumping, and recycling violations hearings
and enter orders authorized by this article. The hearing officer shall
be appointed in the same manner as members of the municipal boards
and commissions. A hearing officer shall not be authorized to issue
citations or be employed by the municipality.
The First Selectman of Burlington may take whatever means necessary
to enforce the orders of the hearing officer.
Any funds collected pursuant to this article shall be placed
in the special fund established to pay for litter enforcement or other
environmental protection costs.
This article is adopted by the Town of Burlington as part of
a long-term plan for safe and sanitary disposal of solid waste and
recyclables, and to establish measures to assure compliance of persons
within the Town boundaries and of collectors with the requirements
of state statute for separation, collection, processing and marketing
of solid waste and recyclables.
As used in this article, the following terms shall have the
meanings indicated:
COLLECTOR
Any person or entity who or which holds himself or itself
out for hire to collect, haul, transport, or dispose of solid waste
or recyclable solid waste from residential, business, commercial,
or other establishments.
COMMERCIAL PROPERTY
Includes hotels, motels, inns, restaurants, retail businesses,
food markets, commercial offices, residential rental complexes having
more than four units and schools, both public and private.
COMMISSIONER
The Commissioner of Energy and Environmental Protection of
the State of Connecticut or his authorized agent.
GENERATOR
Any person or commercial business who or which buys, uses, or disposes of any of the mandatory recyclables as designated in §§
296-15B and
296-16A of this article.
HAZARDOUS WASTE
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
INTERMEDIATE PROCESSING CENTER (IPC)
A facility where glass, metals, paper products, batteries,
household hazardous waste, fertilizers, and other items are sorted
and processed from the waste stream for recycling or reuse. See "processing
center."
PERSON
An individual person, corporation, trust, estate, partnership,
association, joint venture, government, governmental subdivision or
agency, or any other legal entity.
PROCESSING CENTER
The Regional Intermediate Processing Center (IPC) for the
disposition of recyclables, as designated by the Board of Selectmen.
RECYCLABLES
The type of household 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 and food beverage containers,
metal food and beverage containers, newspapers, office paper, scrap
metal, white (office) paper, plastics, waste oil, electronic devices,
leaves and storage batteries and any other items as may be designated
by the Commissioner, excepting unacceptable waste and hazardous waste.
The Town shall maintain a detailed list of recyclables which may be
modified from time to time on its website.
RECYCLE
To separate or divert an item or items from the solid waste
stream for the purposes of processing it or causing it to be processed
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 land filling, which will best protect the environment,
and is available to the Town.
RESIDENTIAL
Property with a dwelling unit(s), owned or rented, containing
not more than four rental dwelling units, but shall not include hospitals,
institutions, motels, hotels, or inns, or any attached retail or commercial
facility.
RESIDUE
Solid waste remaining after any recycling facility holding
a permit has processed the waste, but excluding wastes which are toxic
or hazardous.
SCAVENGING
The collection of solid waste or recyclables that have been
placed at the curb for collection by persons who are not authorized
solid waste/recyclables collectors.
SCRAP METAL
Used or discarded items which consist predominately of ferrous
metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys
thereof, including but not limited to "white goods" as defined in
this section.
SOLID WASTE
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 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.
STATE
The State of Connecticut.
STORAGE BATTERY
Lead acid batteries or other batteries used in devices such
as automobiles, airplanes, boats, recreational vehicles, tractors
and computer systems.
TOWN
The Town of Burlington, and includes authorized officers,
boards, commissions, committees, and agencies of the Town.
UNACCEPTABLE WASTE
That portion of solid waste as defined in the service agreement
for the operation of the Bristol trash-to-energy plant.
WASTE OIL
Crankcase oil that has been utilized in internal combustion
engines.
WHITE GOODS
Refrigerators and freezers with doors removed, water heaters,
washers, dryers, and stoves, as well as small and large household
appliances.
The Board of Selectmen is authorized to adopt reasonable rules
and regulations to put this article into effect. The Board of Selectmen
is authorized to modify the rules and regulations to maintain the
orderly functioning of this article. Such rules and regulations shall
be in writing and shall be effective upon publication.
Every collector and person disposing of recyclables and solid
waste generated within the Town shall dispose of recyclables and solid
waste as follows:
A. The Board of Selectmen shall from time to time designate and publish
which items of solid waste and recyclables shall be disposed of curbside
in the designated collection containers and which items shall be disposed
of at other sites and the location of other sites.
(1) All designated solid waste and recyclables collected from residential
property shall be taken directly to the designated disposal sites.
(2) The collector shall keep and maintain records of the quantity and
type of recyclables and solid waste delivered to each disposal site,
the location and date of delivery of such items to the site.
(3) No solid waste or recyclables from any other town shall be disposed
of at any Town disposal site, unless express, advance written permission
is first obtained from the First Selectman. The collector shall comply
with all requirements pertaining to such alternate disposal.
(4) All other solid waste generated within the Town and collected from
any other source shall be separated by the collector into recyclable
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 recyclables, as designated and published by the Board of Selectmen.
B. Any collector who is requested or contracted to transport residue
remaining after the center or other recyclables disposal area has
processed any portion of the Town's recyclables shall transport
such residue to the solid waste disposal facility designated by the
Board of Selectman. The collector shall comply with all reporting
and record keeping requirements of the center and of any other recyclables
and solid waste disposal facility designated by the Town.
C. After a disposal site for the Town's solid waste and recyclable
solid waste has been designated, and after the Town has been notified
in accordance with its contracts that the site is available to use,
the Board of Selectmen shall give notice of the requirements for the
solid waste disposal. After the notice is published, all persons collecting,
transporting or disposing of recyclables in the Town shall comply
with the requirements of that notice not later than the date specified
for compliance in the notice.
D. Notice that a designated disposal site for solid waste or recyclables
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 collectors
disposing of solid waste and recyclables in the Town must use that
disposal site and shall generally state any other necessary requirements
for that disposal, such as limitations on that amount of solid waste
and recyclables which may or must be delivered, or the dates or times
at which delivery must be made.
E. In addition to designating a disposal site for solid waste and recyclables,
the Town may from time to time designate or identify additional sites
for disposal of unacceptable waste, hazardous waste, or recyclables
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.
F. All recyclables and solid waste shall be secured in transit in such
a manner as to prevent the waste from being scattered on roads and
highways.
G. No hazardous materials and/or hazardous waste shall be deposited
at any facility in the Town.
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
recyclables or solid waste generated within the Town.