[Adopted 1-5-1988 (Ch.
6, § 6-2, of the Town Code)]
The accumulation, collection, removal and disposal of solid
waste must be controlled by the Town for the protection of the public
health, safety, and welfare. It is consequently found and declared
that:
A.
The Town is authorized by law to regulate the disposition of solid
waste generated within its boundaries and to collect a charge therefor
and to license refuse collectors; and
B.
The Town is also authorized by C.G.S. § 22a-220a to designate
the area where solid waste generated within its boundaries shall be
disposed; and
C.
The Town has executed the municipal service agreement requiring it
to cause all solid waste generated within its boundaries and which
meets the contractual standards to be delivered to the Connecticut
Solid Waste System; and
[Amended 5-21-2018]
D.
The public health, safety and welfare of the Town will be best served
by requiring the delivery of such solid waste to the transfer station
of the Connecticut Solid Waste System Hartford Facility for processing
by the Connecticut Solid Waste System at South Meadow, Hartford, Connecticut,
and the generation of electricity; and
[Amended 5-21-2018]
E.
The enactment of this article is in furtherance of the Town's regional
solid waste management plan; and
F.
The Town encourages and promotes recycling as a means to conserve
our material resources and reduce the cost of waste disposal.
As used in this article, the following terms shall have the
meanings indicated:
The Materials Innovation and Recycling Authority (MIRA) established
pursuant to Chapter 446e of the Connecticut General Statutes, as amended.
[Amended 5-21-2018]
Tree and shrubbery clippings of less than three inches in
diameter.
Heavy or large objects such as furniture, mattresses, box
springs (if wet, excessively soiled/moldy or having living organisms),
trunks, crates, and wastes from the maintenance, construction or demolition
of residential small structures, brush and carpeting.
[Amended 5-21-2018]
The system for the processing of solid waste and the recovery
of energy therefrom constructed by the authority pursuant to the municipal
service agreement.
[Amended 5-21-2018]
That amount of money to be charged for each ton of solid
waste delivered to the Connecticut Solid Waste System as established
by the procedures authorized in the municipal service agreement.
[Amended 5-21-2018]
Dried sludge and/or animal or vegetable matter or the products
of putrefaction or decomposition thereof, resulting from the handling,
preparation, cooking and consumption of food.
Pathological, biological, cesspool or other human wastes,
human and animal remains, radioactive, toxic, caustic, and other hazardous
wastes which, according to federal, state or local rules or regulations
from time to time in effect, require special handling in their collection,
treatment or disposal, including those regulated under 42 U.S.C. §§ 6921
through 6925 and regulations thereunder adopted by the United States
Environmental Protection Agency pursuant to the Resource Conservation
and Recovery Act of 1976 (90 Stat. 2806, 42 U.S.C. § 6901),
or under regulations adopted by the State of Connecticut Department
of Energy and Environmental Protection, such as any waste product
in the home that is poisonous, flammable, explosive, reactive, or
corrosive, such as disinfectants, drain and oven cleaners, metal polishes,
toilet cleaners, aerosols, wood cleaners, polishes and waxes, upholstery
and rug cleaners, bug and pest sprays; lead, solvents, paint thinners,
strippers, lacquer, lacquer thinner, fungicides, wood-treating chemicals,
automotive cleaners, grease and rust solvents; insecticides, poisons,
pool chemicals and photo chemicals.
[Amended 5-21-2018]
The Board of Selectmen of the Town.
The municipal solid waste management services contract between
the Town and the authority dated as of December 29, 1986.
Materials single-stream and disposed for recycling; e.g.,
newspapers, paper bags, magazines, junk mail, office paper, metal
and aluminum cans, cardboard, glass, plastics (#1 through #7), used
motor oil, brush (up to three inches' diameter), leaves, light metals
such as appliances, electronics, batteries, mattresses, box springs
and tires.
[Amended 5-21-2018]
Includes any person, firm or corporation engaged in the business
of collecting and transporting commercial, household or industrial
solid waste for hire within the Town.
All persons who own real estate or motor vehicles listed
on the current Town of Woodbury grand list and who generate solid
waste within the Town.
Unwanted or discarded materials, including solid, liquid,
semi-solid or contained gaseous material consistent with C.G.S. § 22a-260(7),
excluding semi-solid or liquid materials collected and treated in
a sewerage system.
Any facility constructed by the Authority as part of the
Connecticut Solid Waste System for use by the Town.
[Amended 5-21-2018]
A.
License required. All solid waste accumulated in this municipality
shall be collected, conveyed and disposed of by persons licensed by
the Town to perform such work and in accordance with the provisions
of these rules and regulations. No other person shall collect, convey
over any street or dispose of any solid waste in the Town or at the
transfer station/recycling center. No solid waste collected from outside
the Town shall be disposed of under a license or registration issued
pursuant to this article.
[Amended 5-21-2018]
B.
Licensing and registration authority designated. The licensing authority,
acting by and through the First Selectman, shall grant a license within
a reasonable time following the filing of a proper application, a
vehicle inspection, and payment of the prescribed fee unless the First
Selectman finds one or more of the following conditions to prevail:
(1)
The applicant has been irresponsible in the conduct of solid waste
collection and hauling operations based upon previous suspensions
and/or revocations of licenses; or
(2)
The applicant lacks suitable equipment with which to collect solid
waste in a safe and nuisance-free manner and in compliance with these
rules and regulations, and the contractual standards of the Connecticut
Solid Waste System.
[Amended 5-21-2018]
C.
Registration of vehicles and containers. Each licensed refuse collector
shall obtain a separate registration for each vehicle or container
he operates to transport solid waste or bulky waste or recyclable
materials within the Town. When a vehicle is employed to transport
more than one container, each container to be transported, instead
of the vehicle, shall require a registration. Registrations shall
not be transferable from vehicle to vehicle nor from container to
container; provided, however, the Board of Selectmen, acting by and
through the First Selectman, may allow such temporary transfer of
registrations in hardship situations, such as a temporary breakdown
of an individually licensed vehicle.
D.
Reinspection upon sale or transfer of vehicle during registration
year. Whenever a duly registered vehicle is sold or transferred to
another refuse collector licensed in this municipality during the
registration year, said vehicle shall be reinspected within seven
days of such transfer date, but no additional fee shall be required.
E.
Display of registration. The registration issued shall be conspicuously
displayed on the left front of the body of each vehicle or container
so licensed, or as may be directed by the First Selectman.
F.
Notification required upon sale or transfer of route. When any licensee
shall sell or transfer all or part of his route to another refuse
collector presently licensed to collect solid waste, bulky waste or
recyclable materials in this municipality, he shall forthwith give
written notice to the Board of Selectmen at least seven days before
the date of the sale or transfer, stating the name of the buyer or
transferee and the intended date of sale.
Every refuse collector shall dispose of solid waste as follows:
A.
Until one or more sites have been designated for disposal of the Town's acceptable solid waste and recycling in accordance with the procedures of C.G.S. § 22a-220a, and until notice has been given under Subsection C requiring use of any such disposal site, all 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.
[Amended 5-21-2018]
B.
After the transfer station/recycling center or any other disposal site has been designated, and after the Town has been notified in accordance with its contracts that the site is available for use, the First Selectman shall give notice of those facts as provided in Subsection C. After the notice is published, all persons disposing of solid waste in the Town must comply with the requirements of that notice not later than the date specified for compliance in the notice.
[Amended 5-21-2018]
C.
Notice that a designated disposal site for 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 facts shall be mailed to every
person who is registered in the Town as a solid waste collector. The
notice shall specify the date after which all persons disposing of
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 acceptable solid waste which may or must
be delivered, or the dates or times at which delivery must be made.
D.
In addition to designating a disposal site for solid waste meeting
contractual standards, the Town may from time to time designate or
identify additional sites for disposal of solid waste not meeting
contractual standards, hazardous waste, bulky waste or solid waste
otherwise meeting contractual standards but in excess of the amount
to be disposed of at the primary designated site. Those sites may
include transfer stations for the convenience of residents, 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.
[Amended 5-21-2018]
A.
Provision for containers. The owner of each premises in which solid
waste is created or generated shall provide, at a suitable place upon
such premises, sufficient receptacles for receiving and holding such
solid waste during the intervals between collections. Solid waste
containers shall be maintained in good condition, free of holes and
fissures, and shall be equipped with securely fitting covers.
B.
Containers for commercial solid waste. The standard container for
commercial solid waste shall be a watertight, verminproof galvanized
metal or plastic receptacle, with a tight lid, of not less than 20
gallons' or more than 30 gallons' capacity; except that commercial
establishments may provide for a large covered container designed
to be emptied into a refuse truck.
C.
Containers for household solid waste; number of collections. The
standard container for household solid waste shall be a watertight,
verminproof galvanized metal or plastic receptacle, with a tight lid,
of not less than 20 gallons' or more than 30 gallons' capacity.
A.
Public places. No person shall place any solid waste in or upon any
private or public property within the Town, whether owned by such
person or not, except in proper containers or otherwise properly prepared
for collection or under the express written approval of the First
Selectman, nor shall any person throw or deposit any solid waste in
or upon any body of water.
B.
Accumulation of solid waste. Any uncontainerized accumulation of
solid waste on any premises is hereby declared to be a nuisance and
is prohibited. Failure to remove any accumulation of solid waste within
10 days after written notice by registered mail to remove same shall
be deemed a violation of these rules and regulations.
C.
Scattering of solid waste. No person shall cast, place, sweep or
deposit anywhere within the Town any solid waste in such a manner
that it may be carried or deposited by the elements upon or in any
street, sidewalk, alley, sewer, park or other public place, or into
any occupied premises.
D.
Hazardous wastes. It shall be unlawful for any person, firm or corporation
to place hazardous wastes or similarly dangerous substances into any
solid waste container or to transport any such substance to any transfer
station/recycling center and the Connecticut Solid Waste System Hartford
Facility, and any such substance shall be disposed of in accordance
with any other applicable local, state, or federal rule, regulation,
statute, or ordinance.
[Amended 5-21-2018]
A.
Generally. A license to engage in solid waste collection in the Town
and to use the transfer station/recycling center and the Connecticut
Solid Waste System Hartford Facility or other refuse facilities provided
by the Town is a privilege, not a right. Failure to comply with the
provisions of this article shall be grounds for revocation or suspension
of any license or registration issued under the provisions of these
rules and regulations, in addition to any other penalty imposable
by law, by action of the licensing authority.
[Amended 5-21-2018]
B.
Notice required. A revocation or suspension shall only become effective
five calendar days after receipt of written notice from the licensing
authority.
C.
Request for review; effect of failure to file. If a refuse collector objects to the action described in Subsection A, above, to revoke or suspend his license or registration, he may, within five calendar days of receipt of said notice, file a written request for review with the First Selectman. Failure to timely file such request for review shall make the licensing authority's action final and binding upon the refuse collector.
D.
Effect of timely filing. Timely filing of such request for review
shall operate as an automatic stay of the licensing authority's action.
E.
Special appeals board; hearing. The First Selectman shall appoint
forthwith a special appeals board consisting of two electors of the
Town and two licensed refuse collectors and a member of the Board
of Selectmen, and said special appeals board shall then within 15
days from the date of appointment hear and decide the matter, to determine
whether the action taken to revoke or suspend such license should
be affirmed, modified, or reversed. Such hearing shall be private;
except, however, such hearing may be public if so requested, in writing,
by the refuse collector. The decision of said board shall be final
and binding upon the refuse collector.
F.
Names, addresses of customers to be furnished upon revocation or
suspension. Whenever a refuse collector's license or registration
is revoked or suspended, he shall furnish the Board of Selectmen within
24 hours with the names and addresses of his customers, to ensure
continuity of service.
G.
Refusal of permission to use the transfer station/recycling of the
Connecticut Solid Waste System Hartford. Notwithstanding anything
to the contrary herein, the Board of Selectmen shall have power to
refuse permission to a refuse collector to use the Connecticut Solid
Waste System facility at South Meadow, Hartford, Connecticut, or any
transfer station/recycling center when, in its opinion, such refuse
collector has violated these rules and regulations.
[Amended 5-21-2018]
Each refuse collector shall furnish to its customers, upon request,
a list of rates for the various services it provides.
A.
The licensing authority shall administer the licensing of any refuse
collector engaged in the collecting and transporting of solid waste
in the Town.
B.
The Board of Selectmen shall, when considering an application for
a solid waste collection license, including renewal, ascertain that
the applicant has liability insurance in the amount as may be required
at the Connecticut Solid Waste System, any transfer station/recycling
center, or any other disposal site designated by the Town hereunder
as may be required by the agency, authority, person, entity, or municipality
managing the same.
[Amended 5-21-2018]
A.
Place of delivery; payment. Each refuse collector shall deliver all
solid waste meeting the contractual standards collected within the
territorial limits of the Town to the designated transfer station/recycling
center and pay the disposal charge to the Town. All other solid waste
shall be delivered to such place as the Board of Selectmen may from
time to time designate and any applicable charge shall be paid by
the refuse collector for those items for which a fee is charged.
[Amended 5-21-2018]
B.
Prohibition on delivery. No licensee shall deliver any solid waste
meeting the contractual standards to any place other than a transfer
station/recycling center unless such transfer station/recycling center
is incapable of accepting such solid waste at the time of delivery,
in which event such solid waste shall be delivered to the place designated
in writing by the Board of Selectmen.
[Amended 5-21-2018]
C.
Construction and maintenance of vehicles and containers. All vehicles
registered to collect and transport solid waste shall be vehicles
of a watertight construction with mechanical unloading equipment and
shall be maintained free of obnoxious odors and accumulated solid
waste. Any such vehicle with a capacity in excess of 10 cubic yards
shall be of a closed construction. A container utilized primarily
for nonliquid solid waste need not be of watertight construction,
but shall be completely enclosed. If any such vehicle shall have a
capacity of less than 10 cubic yards, it may have an open top, provided
that it is covered when it is in motion, to prevent the escape of
solid waste.
D.
Spilled solid waste. Refuse collectors shall immediately clean up
solid waste that may spill when being carried or transferred.
E.
Permit fees. All refuse collectors shall bear the expense of any
permit fees required by any disposal site designated under this article
or by any other governmental authority.
F.
Recordkeeping. Each refuse collector will keep reasonable and accurate
records, which shall be subject to inspection on request by the Town
at any reasonable time, regarding the number of vehicles, weights,
delivery times, and any tickets or bills from the delivery of solid
waste to the final disposal area or any transfer station/recycling
center.
[Amended 5-21-2018]
G.
Compliance with other rules and regulations. Each refuse collector
must comply with all rules, regulations, or procedures of any disposal
site designated for use under the provisions of this article.
[Amended 5-21-2018]
Contractual standards for solid waste delivered to the Connecticut
Solid Waste System are as follows:
A.
It must
be solid waste emanating from within the corporate boundaries of the
Town;
B.
It must
not be of such a quantity, quality or other nature as to materially
impair the operation or capacity of the Connecticut Solid Waste System
or any portion thereof, normal and reasonable wear and usage excepted;
C.
It must
not be of such a quantity, quality or other nature as to materially
impair the strength or the durability of the structures, equipment,
or works which are a part of the Connecticut Solid Waste System or
any portion thereof;
D.
It must
not be of such a quantity, quality or other nature as to create flammable
or explosive conditions in the Connecticut Solid Waste System or any
portion thereof;
E.
It must
not contain chemical or other properties which are deleterious, as
determined by the Authority, or capable of causing material damage
to any part of the system or to personnel; and
F.
It must
not include any hazardous waste.
Any person violating the terms of these rules and regulations
shall be fined not more than $100 for each offense, or if greater,
not more than the maximum permitted by the Connecticut General Statutes,
as amended. Each day such violation shall exist shall constitute a
separate violation and offense under this article. Notwithstanding
anything to the contrary in these rules and regulations, the Board
of Selectmen may revoke and/or refuse to issue a license to any person
who violates any provision herein stated.
