The purpose of this chapter is to regulate the flow of solid
waste and recyclables generated or disposed of within the Town of
Guilford, to promote, protect and preserve the health, safety and
general welfare of the people of the Town of Guilford as authorized
by C.G.S. § 7-148(c)(4)(H) and C.G.S. § 7-148(c)(8)(A)
and those state laws and regulations applicable to solid waste and
recycling, as the same may be amended.
A. It is hereby declared to be in the public interest that the accumulation,
preparation, removal, storage, collection, transportation and disposal
of solid waste be regulated so as to prevent the spread of disease,
to minimize the potential for air, surface water and groundwater pollution
and to prevent unsightliness resulting in a reduction of the quality
of life.
B. It is further declared that in order to protect, preserve and enhance
the environment for present and future generations and to comply with
state law, there is hereby established a Town recycling program, the
intent of which is to require all persons to recycle.
As used in this chapter, the following terms shall have the
meaning set forth below, except as otherwise provided in the Connecticut
General Statutes. All other terms shall have a meaning consistent
with applicable Connecticut General Statutes and the Connecticut Department
of Energy and Environmental Protection (DEEP) regulations which apply
to solid waste and recyclables, as the same may be amended.
ACCEPTABLE MUNICIPAL DISPOSAL AREA
The Town Transfer Station located at Route 1, Guilford, Connecticut,
and such future locations authorized by the Board of Selectmen, from
time and time, in accordance with applicable state and federal laws.
ACCEPTABLE SOLID WASTE
Unwanted or discarded materials, garbage and refuse that
the Town is permitted by the state to collect, store and transport
from the Town disposal area to resource recovery combustion facilities
or landfills that are licensed to accept municipal solid waste but
shall not include recyclable materials, bulky waste or hazardous waste.
BULKY WASTE
Land clearing, demolition and construction debris, discarded
machinery and equipment, and other unwanted materials that cannot
be feasibly disposed of at resource recovery combustion facilities
and landfills as acceptable solid waste because of size or noncombustibility
but which can be disposed of at specially permitted and available
landfills, or as otherwise defined by state law or regulations.
COMMERCIAL COLLECTOR
Any person who holds himself/herself out for hire to collect
solid waste on a regular basis from residential, business, commercial
or other establishments, as defined in C.G.S. § 22a-220a(g),
as the same may be amended.
DUMP
As defined in C.G.S. § 22a-248(12), shall mean
to discard more than one cubic foot in volume of litter at one time
or furniture, garbage bags or contents thereof or other similar materials.
Material which has been placed at a location with intent to leave
it indefinitely at such location, or material which has not been removed
from a location within 45 days, is deemed discarded.
HAZARDOUS WASTE
The meaning defined in C.G.S. § 22a-115, as the
same may be amended.
LITTER
The meaning defined in C.G.S. § 22a-248(4), as
the same may be amended.
RECYCLABLE MATERIAL
Any discarded materials which are required to be recycled
pursuant to regulations adopted by DEEP under the authority of C.G.S.
§ 22a-241b, which include, without limitation, cardboard,
glass food containers, leaves, metal food containers, newspaper, office
paper, mixed paper, scrap metal, storage batteries, waste oil, and
plastic containers, as the same may be modified by DEEP, from time
to time.
RECYCLING
The process of sorting, cleansing, treating and reconstituting
waste or other discarded material for the purpose of using the altered
form, as defined in C.G.S. § 22a-248(10), as the same may
be amended.
Bulky waste may not be collected or mixed with acceptable solid
waste. It shall be delivered and disposed of at such place as the
Board of Selectmen may designate from time to time. Applicable charges
established by the Board of Selectmen shall be paid by the person
or persons delivering the bulky waste.
In accordance with C.G.S. § 22a-220, the Town is authorized
to levy a fee for the disposal, processing or sale of solid wastes
brought to the transfer station or to a facility for the processing
or sale of recyclable materials designated pursuant to C.G.S. § 22a-241b.
Such fees shall be determined by the Board of Selectmen, from time
to time, as deemed necessary or desirable.
The First Selectman of the Town shall designate an enforcement
officer, who shall be a Town employee and who may pursue penalties
against any person who commits a violation of this chapter.
Any person issued a municipal citation pursuant to §
236-11 shall be entitled to a hearing to contest the citation. Any commercial collector given notice that his/her permit will be suspended may appeal the notice of suspension within the time limited and on the form prescribed for appeals of citations. No permit will be suspended pending the outcome of the appeal process set forth below. The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of a citation hearing process to contest citations issued pursuant to this chapter, in accordance with C.G.S. § 22a-226d and as otherwise permitted by law. The procedures for notice, hearing, disposition, appeal and enforcement shall be as set forth in C.G.S. § 7-152c. The citation hearing process shall not apply to those violation which are otherwise governed by state statute.