[Adopted 7-6-2009 (Ch.
16, Art. I, of the 2007 Code)]
The City of Westbrook provides residential refuse collection,
including for recyclables, using automated collection vehicles and
special collection containers. This collection system provides an
efficient service while reducing collection costs and minimizing employee
injuries, litter, and customer complaints. This article governs automated
refuse collection in the City.
For the purposes of this article, all words, except those specifically
defined in this section, shall have their normal and customary meanings
and such meanings as may be in common use in the field of sanitation,
refuse disposal, recycling and demolition debris site management:
Any household garbage, rubbish or any other discarded refuse,
solid waste or recyclable material that is generated or transported
from outside the City of Westbrook.
Garbage and rubbish generated by nonresidential users, as
defined herein, i.e., businesses, offices, industries, and multifamily
dwellings (seven or more dwelling units), mobile home parks, and condominium
developments. For the purposes of this definition, the size restriction
for multifamily dwellings shall be per lot separately identified by
the City Assessor for tax assessment purposes, except for the following
which are grandfathered: Prides Corner Condominiums, La Bella Villa,
Everett Court, Saccarappa Place and Longfellow Oaks. The condominium
associations of the respective complexes will assist the City in the
management of the trash and recycling containers allocated to each
complex.
Any person who picks up or hauls refuse of any kind as a
business or for compensation.
Refuse consisting of organic materials, including decayed
or spoiled food, resulting from the preparation of food, but the City
shall exclude from the items it will collect and dispose of under
this article any medical waste or dead animals.
Garbage and rubbish generated in residential premises.
Noncommercial garbage or rubbish designated by the Director
of Public Services (the "Director"), or his designee, as suitable
for inclusion in the City's recycling program. These items are as
follows: newspaper, magazines, office paper, paperboard, cardboard,
glass bottles, glass jars, No. 1 to No. 7 plastics, aluminum cans,
aluminum foil, tin cans, steel cans and milk and juice cartons. These
items are subject to change and are in reference to the items accepted
by the City's container hauler and end disposal facility.
Refuse consisting of nonorganic waste, including such materials
as paper, cardboard, and plastics, tin and glass, furniture, appliances,
universal waste, and hazardous waste, but exclusive of such materials
as wood, bricks, stone, iron and steel.
The City shall establish a system of regular collection, subject
to the requirements of this article, for all household garbage and
rubbish and recyclables, all as defined herein. The City will not
collect commercial garbage and rubbish, and such commercial garbage
and refuse shall be removed from the premises and disposed of at the
expense of the owner or occupant of such premises. The City shall
not collect otherwise eligible waste from residences located on private
ways unless it is brought to the intersection of the private way and
a public way and otherwise complies with all other requirements of
this article. The Director is expressly granted the authority to issue
rules or regulations governing the collection of containers on streets
that are too narrow to allow for routine collection and for dead-end
streets where it is impractical for the collection trucks to service
the containers.
A.
The Public Services Department shall issue two special collection
containers, color-coded, to each residential dwelling unit receiving
municipal trash collection services, one for its household refuse
and one for its recyclables. Residents shall use only the special
containers issued by the Department for disposing of their household
refuse and recyclables. Materials placed in nonstandard containers
shall not be collected.
B.
Each special container shall remain the sole property of the City
of Westbrook and may not be moved to any other location. Each container
issued by the City shall be approximately 65 gallons, which shall
be the standard issue, but residents may request a smaller size for
good cause shown, such as a physical handicap. Residents may appeal
a decision of the Department on a request for a different size container
to the Director of the Department.
A.
Residents shall be responsible for the proper use and security of
their assigned containers; provided, however, that whenever this article
imposes a duty on a resident, that duty shall also be imposed on the
property owner so that the City may look to either for compliance
and for the imposition of any fines or other relief. If the container
is damaged by the City's collection equipment, the City shall repair
or replace the container at its sole expense; otherwise, the resident
must pay for the cost of necessary repairs or replacement, provided
that the City shall pay for the first repair or replacement of a container
at any dwelling unit (one per family, regardless of property owner
or head of household). The Director shall post the replacement cost
on the City's website and annually update that posting, which shall
be conclusive on the cost of the replacement.
B.
If a container is stolen, the resident must report the theft to the
Public Services Department and to the Police Department and fill out
any required police reports. Any person who removes a container from
a residence may be prosecuted for theft of City property and may have
his or her collection privileges suspended.
Except as otherwise expressly provided for by rules or regulations
issued by the Director, for collection purposes, the containers must
be placed at the curb before 7:00 a.m. on collection day with the
arrows toward the street and the handles and wheels toward the residence.
They may not be put out prior to 5:00 p.m. on the previous day and
must be returned from the curb before the end of the collection day.
The containers must not be placed closer than three feet to any obstruction,
such as a parked car, another container, utility pole, hydrant, tree
or mailbox. Overhead clearance for trees, wires or other obstructions
must be at least 10 feet. If containers are not placed properly at
the curb as provided in this section, they will not be collected.
A.
Acceptable waste includes normal household refuse, including residential
offal (not including medical waste or dead animals), household trash
and kitchen waste. Unacceptable waste shall not be collected and must
be disposed of properly by the resident.
B.
Unacceptable waste includes, but is not limited to, leaf and yard
waste; dirt; sod; concrete; rock; large appliances or furniture; televisions
or other electronic equipment; computers; construction, remodeling
or demolition debris; hazardous waste; commercial or industrial waste;
medical waste; hazardous materials; mercury-containing products, such
as fluorescent lamps, ballast, thermometers, and thermostats; and
liquid and flammable waste, such as nonlatex paint, gasoline, diesel,
oil, pesticides, herbicides and hot ashes.
C.
No leaves or grass clippings shall be put out for the regular curbside
collection. No leaves or grass clippings shall be raked onto any paved
street or public right-of-way. All leaves and grass clippings shall
be properly disposed of in a manner authorized by the Director (i.e.,
composting area, or designated container.)
D.
The City may refuse to collect any refuse which has been put out
for collection in a manner which does not comply with the requirements
of this article or the Director's rules and regulations or which exceeds
75 pounds gross weight. The owner of such refuse has the responsibility
of disposing of it in a lawful manner. Any refuse which has spilled
from containers or which has been pulled from containers by animals
will not be picked up by the City, and the person placing such refuse
out shall clean it up and dispose of it properly within eight hours
of the time of collection.
E.
In addition, the Director is expressly authorized to issue rules
and regulations governing any special or emergency situations, including
affixing specially designated stickers on containers or other refuse
to explain why it has not been collected, why further violations will
result in penalties or, where an imminent threat to the health and
welfare of the City, the neighbors or the City's collection agent
is posed, providing for immediate disposal by the City or its collection
agent and imposition of a fee to cover the full costs of the same.
Material that will not fit in the containers is defined as "overflow material" and shall not be collected. If material is packed so tightly into the containers that it prevents the container from emptying in the normal course of collection, or exceeds the weight limitation under § 272-7 above, or prevents the cover from fully closing, such that materials fall out during the collection process, the containers shall not be collected and the resident shall be responsible for collecting and lawfully disposing of it.
The Director may establish such further rules and regulations
governing the collection of garbage, rubbish and recyclables not inconsistent
with the provisions of this article as he deems necessary, including,
without limitation, suspension of collection privileges, provided
that any such rule or regulation involving suspension of collection
privileges must include a provision for a timely appeal to the Mayor
or his designee. Any such rules and regulations shall be in writing,
posted on the City's website and paper copies placed on file in the
Director's office and the City Clerk's office.
If the Christmas, New Year's, Thanksgiving or Fourth of July
holiday falls on the scheduled collection day for a collection zone
or severe winter or other inclement weather conditions cause cancellation
of the regular collection day, the refuse from that zone will be collected
on the next day following that holiday or inclement weather day. Trash
collection for the remainder of the week in which the holiday or weather
cancellation day has fallen will occur on the day following (including
Saturdays) its regularly scheduled day for collection.
Any person found guilty of violating any of the provisions of this article, in addition to being subject to the revocation of permits or the suspension of collection rights, shall be subject to fines, injunctive relief and the award of attorneys' fees as provided for by state statute for land use violations, as well as the general penalty provisions of § 1-8 of this Code.
This article shall become applicable on October 5, 2009, or
such later date as the Director may designate.
