[Ord. No. 92-3 § 1]
The purpose of this section is to regulate the storage, collection,
transportation, processing and disposal of solid waste; to provide
for disposal of solid waste; and to provide penalties for violations
of the provisions of this section.
[Ord. No. 92-3 § 2]
As used in this section:
Shall mean an incinerator which complies with all current
regulations of the responsible local and State citing, licensing and
pollution control agencies and is in conformance with local Planning
and Zoning Regulations and is licensed by the Brooklyn Resource Recovery
Authority.
Shall mean Brooklyn Resource Recovery Authority.
Shall mean nonputrescible solid waste consisting of combustible
and/or noncombustible waste materials from dwelling units, commercial,
industrial, institutional, or agricultural establishments which are
either too large or too heavy to be safely and conveniently loaded
in solid waste transportation vehicles by solid waste collectors with
the equipment available therefor.
Shall mean removal of solid waste from its place of storage
to the transportation vehicle.
Shall mean a person who collects and transports solid waste
from any location to the town solid waste facility for a fee.
Shall mean waste materials from the construction or destruction
of residential, industrial or commercial structures.
Shall mean a disposable plastic or paper sack specifically
designed for storage of solid waste.
Shall mean any room or group of rooms, located within a structure
and forming a single habitable unit, with facilities which are used,
or are intended to be used, for living, sleeping, cooking and eating.
Shall mean the Town Landfill.
Shall mean putrescible animal or vegetable wastes resulting
from the handling, preparation, cooking, serving or consumption of
food.
Is permissive.
Shall mean a housing facility containing more than one dwelling
unit under one roof.
Shall mean any person who, alone or jointly or severally
with others, shall be in actual possession of any dwelling unit or
of any other improved real property, either as an owner or as a tenant.
Shall mean any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust, estate,
political subdivision, or organization of any kind, or their legal
representative, agent or assigns.
Shall mean incinerating, composting, baling, shredding, salvaging,
compacting, separating and other processes whereby solid waste characteristics
are modified or solid waste quantity is reduced.
Shall mean solid waste.
Is mandatory.
Shall mean unwanted or discarded waste materials in a solid
or semisolid state, including but not limited to garbage, street refuse,
rubbish, animal and agricultural wastes, discarded appliances, special
wastes, industrial wastes, and demolition and construction wastes.
Shall mean a receptacle used by any person to store solid
waste during the interval between solid waste collections.
Shall mean the process of discarding or getting rid of unwanted
material.
Shall mean the Town landfill.
Shall mean the entire solid waste system of storage, collection,
transportation, processing and disposal.
Shall mean clean fill, scrap metal and white goods, tires,
bulky items and items such as furniture, mattresses, rugs and similar
nonmetallic items.
Shall mean keeping, maintaining or storing solid waste from
the time of its production until the time of its collection.
Shall mean Town of Brooklyn, Connecticut.
Shall mean the transporting of solid waste from the place
of collection or processing to a solid waste processing facility or
solid waste disposal area.
Shall mean grass clippings, leaves, tree trimmings, weeds,
garden plants, shrubs, branches, limbs, brush and similar materials
grown on and emanating from premises within the Town.
[Ord. No. 92-3 § 3]
It shall be unlawful for any person to:
a.
Dispose of solid waste, which is generated outside the corporate
limits of the Town, at any location within the corporate limits of
the Town unless written permission has been given by the BRRA.
b.
Dispose of solid waste generated inside the corporate limits of the
Town of Brooklyn at any facility or location within the corporate
limits of the Town other than the Town Solid Waste Facility unless
approved in writing by the BRRA.
c.
Deposit solid waste in any solid waste container other than his own
without the written consent of the owner of such container.
d.
Burn solid waste unless an approved incinerator is provided or unless
permission has been obtained from the Connecticut Department of Environmental
Protection.
e.
Engage in the business of collecting, transporting, processing or
disposing of solid waste within the corporate limits of the Town without
a permit from the BRRA or operate under an expired permit, or operate
after a permit has been suspended or revoked.
f.
Deposit, throw, rake or distribute leaves, branches, trash, garbage,
or waste upon any street, sidewalk, right of way, storm sewer, catch
basin, gutter or upon any Town-owned property.
[Ord. No. 92-3 § 4]
a.
The BRRA shall make, amend, revoke and enforce reasonable and necessary
rules and regulations governing the operation of solid waste disposal
facilities in the Town.
b.
Any and all rules and regulations made and promulgated under the
provisions hereof shall be presented at a public hearing no less than
15 days prior to their effective date. Copies of the regulations adopted
subsequent to the hearing shall be made available to the public no
less than five days prior to their effective date and a copy shall
be filed in the office of the Town Clerk.
[Ord. No. 92-3 § 5]
a.
The occupant of every dwelling unit and of every governmental, institutional,
commercial or business, industrial or agricultural establishment,
producing solid waste within the corporate limits of the Town, shall:
1.
Provide sufficient solid waste containers for the storage of all
solid waste, except bulky rubbish and demolition and construction
waste, to serve each such dwelling unit and/or establishment. Such
containers shall be so constructed and so maintained as to prevent
the dispersal of waste placed therein upon the premises served, upon
adjacent premises or upon an adjacent public right-of-way.
2.
Place all solid waste to be collected in solid waste containers,
except as otherwise provided herein.
3.
Keep containers covered at all times except when depositing waste
therein or removing the contents thereof.
4.
Maintain containers at all times in good repair.
5.
Maintain containers and the area surrounding them in a clean, neat
and sanitary condition at all times.
b.
Residential solid waste containers shall be stored upon residential
premises. Commercial solid waste containers shall be stored upon private
property unless the owner shall have been granted written permission
from the Town to use public property for such purposes. The storage
site shall be well drained and fully accessible to collection equipment,
public health personnel and Fire Department personnel.
[Ord. No. 92-3 § 6]
a.
Commercial solid waste collectors, permitted by the BRRA, shall be
responsible for the collection of solid waste from the point of collection
to the transportation vehicle provided the solid waste was stored
in compliance with this section. Any spillage or blowing litter caused
as a result of the duties of the solid waste collector shall be collected
and placed in the transportation vehicle of the commercial solid waste
collector.
b.
No portion of this section shall be construed so as to prevent residents
of the Town from transporting to the Landfill waste generated at their
residence or business establishment located within the Town.
[Ord. No. 92-3 § 7]
a.
All transportation vehicles which are used by commercial solid waste
collectors shall be maintained in a safe, clean and sanitary condition,
and shall be so constructed, maintained and operated as to prevent
spillage of liquid or solid waste therefrom. All vehicles to be used
by collectors for transportation of solid waste shall be constructed
with watertight bodies and with covers, which may be an integral part
of the vehicle or which may be a separate cover of suitable material
with fasteners designed to be secured whenever the vehicle is transporting
solid waste, or, as an alternative, the entire bodies thereof may
be enclosed with only loading hoppers exposed.
b.
Town-owned vehicles may be used to haul solid waste to the facility
when public necessity requires it or to haul solid waste generated
by Town government operations or under such conditions as the BRRA
shall permit.
c.
Any vehicles used to transport waste to the landfill shall be constructed
and operated in such a way that refuse shall not blow or fall off
the vehicle and create an unsightly or dangerous roadside condition.
[Ord. No. 93-3 § 8]
a.
Pursuant to authority granted to the Town of Brooklyn by Section 22a-220a of the Connecticut General Statutes, solid waste generated by any person within the corporate limits of the Town shall be deposited for disposal at the Town solid waste facility, and disposal of solid waste at any other area outside the boundaries of the Town is prohibited unless approved in writing by the Board of Selectmen in accordance with subsection 14-1.8 paragraph i. The following materials, however, shall not be accepted at the Town solid waste facility:
1.
Contaminating liquids.
2.
Products from the clearing, demolition, excavation, construction
or reconstruction of any State or Interstate road or highway.
3.
Toxic or radioactive materials, dangerous chemicals, explosive wastes,
inflammables, pathological wastes, infectious disease ("red bag")
wastes, pesticides and pesticide containers, liquid waste, sewage,
and sludge from septic systems, and dead animals.
4.
Ash or residue from incinerators, unless immobilized by glass encapsulation,
impediment in a cemented binder, or treatment by some alternate process
acceptable to the BRRA. In addition such disposal must be permitted
by the BRRA.
5.
Motor vehicles or major body or chassis components of motor vehicles.
b.
Certain wastes may require special handling at the facility and shall
be disposed of only in a manner acceptable to the BRRA and shall meet
all local, State and Federal regulations. Disposal of such wastes
shall be at the discretion of the BRRA and shall be arranged prior
to delivery to the landfill.
c.
Solid waste generated by any person outside the corporate limits of the Town may not be deposited at the facility without the written permission of the BRRA, except as provided hereinafter. Any such person shall be subject to all the provisions of this section. No Class A (as provided in subsection 14-1.10) permits shall be issued to nonresidents of the Town.
d.
If another Town or subdivision of the State is allowed to deposit
solid waste it shall be on the basis of a contract between the Town
of Brooklyn and such other town or subdivision which contract shall
be approved by the BRRA and the Board of Selectmen and the Town meeting.
e.
The use of the Town solid waste facility by any person under the
terms of this section shall be at the risk of the person and upon
the following conditions: In consideration of the grants and privileges
to use the facility, the person using the solid waste facility shall,
as a condition precedent, release the Town from any right of action,
claim or demand which may otherwise accrue to him by reason of the
loss of any of his property while in, upon or about the premises at
the Town solid waste facility and further agrees for such consideration
to indemnify the Town and save it harmless from all claims, demands,
actions, costs and charges to which the Town may be subject, or which
it may have to pay by reason of injury to any person or property or
loss of life or property suffered or sustained by any person while,
in, upon or about the premises of the Town solid waste facility.
f.
No person shall go upon the solid waste facility for the purpose
of depositing materials therein without the permission of the BRRA
nor shall any person deposit material at the solid waste facility
except in accordance with the provisions of this section and any rules
and regulations promulgated hereunder.
g.
No person shall salvage, collect, or remove any refuse or other material
from the landfill without the permission of the BRRA.
h.
Any person disposing of waste at the solid waste facility shall place
such waste at a location or locations designated by the attendant.
i.
Any person wishing to dispose of solid wastes which are generated
within the Town of Brooklyn at any location outside of the Town may
apply for a permit from the Board to authorize such disposal. Applications
for such permits shall be submitted to the Board on forms prescribed
by the Board. The Board shall make a determination as to whether the
application shall notify the applicant in writing of its determination.
Upon a determination by the Board that the application is complete,
the Board shall provide notice to the public and the applicant of
a hearing date, and shall hold a hearing concerning the application.
At the hearing, the Board shall consider any evidence presented by
the applicant, the BRRA, or any other interested party. Following
the conclusion of the hearing, the Board shall approve, approve with
conditions, or deny the application, and provide notice to the applicant
of its decision. In making its decision, the Board shall consider:
1.
The effect of the application on the Town's solid waste disposal
program;
2.
The amount of waste to be disposed of at the proposed alternate disposal
site;
3.
The hauling distances from the source of the waste to the Town solid
waste facility, and from the source of the waste to the proposed alternate
disposal site;
4.
The permit status of the proposed alternate disposal site;
5.
The impact of the Town's loss of tipping fee revenue, which would
result from the diversion of the waste from the Town solid waste facility,
upon the Town's ability to operate a solid waste disposal program
for all of its residents in a manner that is environmentally sound
and complies with the requirements of the Connecticut General Statutes
and the Regulations of the Connecticut Department of Environmental
Protection;
6.
The impacts, if any, on the public health, safety and welfare from
the transportation to and disposal of the waste at the proposed alternate
disposal site.
[Ord. No. 92-3 § 9]
The Town of Brooklyn shall determine the amount of any toll,
fee, charge or other rate to be paid under this section.
[Ord. No. 92-3 § 10]
a.
Permit Required. Admission to the Town solid waste facility for the
purpose of dumping or disposing of solid waste shall be by motor vehicle
permit issued by the BRRA. These permits shall be issued only to property
owners or residents of the Town of Brooklyn or commercial solid waste
collectors who operate within the Town unless an exception is granted
in writing by the BRRA. Permits must be affixed to the vehicle for
which they are obtained. Permits shall be issued for one year periods
and all permits expire on June 30 of each year.
b.
Class A Permit. A Class A permit shall be required for admission
to the Town facility by any person who conveys solid waste collected
and/or accumulated on his or her dwelling unit or business establishment
within the corporate limits of the Town to the facility in a passenger
car, van or pickup truck. A Class A permit may be obtained by the
property owner, resident, or his or her agent at the office of the
First Selectman upon presentation of proof of residency or ownership
of property in the Town of Brooklyn.
c.
Class B Permits. A Class B permit shall be required for admission
to the facility by any motor vehicle other than those defined in paragraph
b hereinabove, which are used for the disposal of waste accumulated
at the dwelling unit or business establishment of the owner, lessor
or person renting the vehicle, such dwelling unit or establishment
being located within the corporate limits of the Town.
d.
Class C or D Permits. A Class C or D permit shall be required for
admission to the facility of any motor vehicle owned, leased or rented
and operated by a commercial solid waste collector in connection with
his business. Application for such permit shall be made by the collector
or his agent on a special form furnished by the Town and filed at
the office of the First Selectman.
1.
A Class C permit shall be required to be obtained for each and every
vehicle operated by a commercial solid waste collector which transports
for disposal at the landfill or for recycling no more than 1,000 pounds
of waste per week.
2.
A Class D permit shall be required to be obtained for each and every
vehicle operated by a commercial solid waste collector which transports
for disposal at the landfill or for recycling more than 1,000 pounds
of waste per week.
e.
Fees for Class A, B, C, or D Permits. The fee for a Class A, B, C,
or D permit shall be paid to the Town Treasurer at the time the permit
is obtained or the application is filed.
f.
Replacement Transfer. If a Class B, C or D motor vehicle permit is
lost, misplaced or mutilated, there shall be a charge for each replacement
which shall be paid by the owner or his agent to the Town Treasurer
prior to the issuance of same. The owner shall not transfer the permit
issued for one vehicle to any other vehicle.
g.
Weighing. For purposes of assuring compliance with subsection 14-1.10d1,
the BRRA may require the weighing of vehicles at nearby scales. Failure
of any operator of a vehicle to follow requests by the BRRA relative
to such weighing shall be deemed a forfeit of the Class C or Class
D permit for such vehicle.
[Ord. No. 92-3 § 11]
a.
The BRRA is authorized, upon determination of a violation of this
section or the rules and regulations authorized herein, to order corrective
measures, to suspend permits, to revoke permits, and to order the
payment of a fine of not more than $100.00 per violation. The BRRA
or its designee is further authorized to receive and investigate complaints,
and to inspect all phases of solid waste management within the Town
of Brooklyn, except that no inspections shall be made of any premises
unless authorized by the owner or occupant or by die process of law.
In all cases in which investigations and/or inspections indicate violation
of this section or the rules and regulations authorized herein, the
BRRA shall notify the person subject to the investigation and/or inspection
by certified mail that it will hold a hearing to determine whether
there has been a violation. The BRRA shall hold a hearing not less
than seven nor more than 30 days after the mailing of the notice,
and the person subject to the investigation and/or inspection shall
have the right to be heard and to participate in the hearing, and
shall be allowed to be represented by counsel. At the conclusion of
the hearing, the BRRA shall make a determination as to whether a violation
has occurred, and shall issue written notice of its decision by certified
mail to the person subject to the investigation and/or inspection.
If the BRRA determines that a violation has occurred, written notice
shall specify the type of violation or violations found, including
the time and date of each violation, the corrective measures, if any,
to be taken and the time in which said corrective measures shall be
taken, the amount of the fine, if any, for each violation, the dates
of suspension, if any, of the permit or permits held by the violator,
and the date of revocation, if any, of the permit or permits held
by the violator.
b.
Failure to take corrective measures within the time ordered by the
BRRA shall constitute a separate offense for which the BRRA may order
the amount of a fine of not more than $100.00. In the case of unabated
standing violations, each day shall constitute a separate violation
for which the BRRA may order the payment of a fine of not more than
$100.00.
c.
Any person aggrieved by any decision of the BRRA ordering corrective
measures, suspension or revocation of a permit, or a fine, may appeal
to the Board of Selectmen within 10 days from the mailing of the decision.
The appeal shall be in writing, shall state the basis of the aggrievement,
and shall be filed in the office of the Town Clerk. The Board of Selectmen
shall hold a hearing on the appeal within 30 days from the date it
is filed, and notice of the time and place of the hearing shall be
provided to the appellant and BRRA by certified mail not less than
seven days prior to the hearing. The appellant and BRRA shall have
the right to be heard and to participate in the hearing, and shall
be allowed to be represented by counsel. At the conclusion of the
hearing, the Board of Selectmen shall make a decision on the appeal,
and shall issue written notice of its decision by certified mail to
the appellant and the BRRA.
[Ord. No. 92-3 § 12]
The BRRA may suspend all or part of the regulations applying
to the collection, transportation and disposal of solid wastes or
the provisions of this section in circumstances where the public health,
safety, well being, or convenience are jeopardized. Such suspension
shall be for the shortest practicable time period. Other reasonable
rules and regulations governing the handling and disposal of solid
waste may be imposed during these times.
[Ord. 10/11/90 § 1]
The purpose of this section is to make recycling mandatory in
the Town of Brooklyn in compliance with Public Act 87-544, codified
in Sections 22a-241 through 22a-24lh of the Connecticut General Statutes,
which requires every municipality in Connecticut to establish a mandatory
recycling program no later than January 1, 1991. Public Act 87-544
sets forth a statewide strategy to recycle not less than 25% of the
solid waste generated in the State after January 1, 1991. The Town
of Brooklyn recognizes that recycling conserves valuable material
resources and energy, and reduces the overall amount of solid water
presently disposed of, thus saving valuable landfill space and tax
dollars.
[Ord. 10/11/90 § 2]
As used in this section:
Shall mean the Brooklyn Resource Recovery Authority.
Shall mean corrugated boxes and similar corrugated and kraft
page material which have a minimum of contamination by food or other
material.
Shall mean buildings, or portions of building used for business
purpose and not for residential dwelling purposes.
Shall mean an accelerated biological process in which organic
materials, such as yard wastes, are broken down.
Shall mean a BRRA permit holder who collects and transports
solid waste and recyclable materials from any location to the Town
solid waste facility for a fee.
Shall mean the Connecticut Department of Environmental Protection.
Shall mean the Town Director of Solid Waste Management.
Shall mean device used for generating electric current through
a chemical reaction, including but not limited to, nickel-cadmium,
batteries, carbon batteries and alkaline batteries.
Shall mean any room or group of rooms, located within a structure
and forming a single habitable unit, with facilities which are used,
or are intended to be used, for living, sleeping, cooking and eating.
Shall mean putrescible animal or vegetable wastes resulting
from the handling, preparation, cooking and eating.
Shall mean a glass bottle or other glass container which
contains foods that are suitable for human or animal consumption.
Shall mean a high density polyethylene bottle or jar of any
size or shape used to package food, household laundry products, or
crankcase oil.
Shall mean a facility which can recycle an item or items
and market or deliver for reuse the resulting material product or
products. Such facilities may be owned by public or private entities
or combinations thereof and may offer service on a state, regional,
municipal, or submunicipal level.
Shall mean the foliage of trees.
Shall mean a facility or technique authorized by a municipality
and acceptable to the DEP which can recycle an item or items and market
or deliver for reuse the resulting material product or products.
Shall mean to sell a recyclable item to a costumer or consumer
who will reuse it or dispose of it for reuse in a material product.
Shall mean an aluminum, bi-metal, steel, tin-plate steel,
or other metallic can, plate or tray of any size or shape used to
package food product suitable for human or animal consumption.
Shall mean a housing facility containing more than one dwelling
unit one roof.
Shall mean used or discarded newsprint which has a minimum
of contamination by food or other material.
Shall mean that class or kind of paper chiefly used for printing
newspapers and weighing more than 24.5 pounds but less than 35 pounds
for 500 sheets of paper 2 x 3 feet in size, on rolls which are not
less than 13 inches wide and 28 inches in diameter and having a brightness
of less than 60.
Shall mean any person who, alone or jointly or severally
with others, shall be in actual possession of any dwelling unit, or
commercial establishment, or any other improved real property, either
as an owner or as a tenant.
Shall mean used or discarded high-grade white paper and Manila
paper including, but not limited to, paper utilized for file folders,
tab cards, writing, typing, printing, computer printing, and photocopying,
which is suitable for recycling and which has a minimum of contamination.
For the purposes of this section office paper generated by household
dwelling units is excluded.
Shall mean any individual, partnership, copartnership, firm,
company, corporation, association, joint stock company, trust, estate,
political subdivision, or organizations and associations of any kind,
or their legal representatives, agents, or assigns.
Shall mean a polyethylene terephthalate container of any
size or shape used to package beverages.
Shall mean and include cardboard, glass food containers,
leaves, metal food containers, newspaper, office paper, scrap metal,
storage batteries or batteries, waste oil, and any other materials
specifically designated as recyclables by DEP regulations, state statutes
or BRRA regulations.
Shall mean 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 the disposition of the item or
items in a manner, other than incineration or landfilling, which will
best protect the environment. Nothing in this definition shall preclude
the use of waste oil as fuel in an oil burner.
Shall mean the area at the solid waste facility designated
by the BRRA for the handling of recyclable materials.
Shall mean solid waste.
Shall mean an intermediate processing center which is authorized
by a group of municipalities or designated by the Commissioner which
can recycle an item or items and market the resulting material product
or products.
Shall mean wastes such as white goods and other metal containers
which consist predominantly of ferrous metals, aluminum, brass, copper,
lead, chromium, tin, nickel or alloys thereof.
Shall mean rubber or synthetic rubber tires used by or manufactured
for vehicles including but not limited to automobiles, trucks, buses
and trailers.
Is mandatory, while "may" is permissive as used herein.
Shall mean unwanted or discarded materials, including solid,
liquid, semi-solid or contained gaseous materials. Such wastes include
but shall not be limited to garbage, street refuse, rubbish, animal
and agricultural wastes, discarded appliances, special wastes, industrial
wastes, and demolition and construction wastes, and shall exclude
hazardous wastes as defined in Section 22a-115 of the Connecticut
General Statutes.
Shall mean the Town landfill.
Shall mean the process of storing, collecting, transporting,
processing and disposing of wastes.
Shall mean clean fill, scrap metal, white goods, tires and
bulky items and items such as furniture, mattresses, rugs, and similar
nonmetallic items.
Shall mean lead acid batteries or other batteries used in
motor vehicles such as automobiles, airplanes, boats, recreational
vehicles, tractors and like applications.
Shall mean the Town of Brooklyn, Connecticut.
Shall mean the transporting of solid waste or recyclable
materials from the place of collection to the solid waste facility
or local, regional, or intermediate processing center.
Shall mean crankcase oil which has been utilized in internal
combustion engines.
Shall mean grass clippings, leaves, tree trimmings, weeds,
garden plants, shrubs, branches, limbs, bushes, and similar materials
grown on and emanating from premises within the Town.
[Ord. 10/11/90 § 3]
This section applies to all persons within the Town of Brooklyn.
It shall be unlawful for any person to:
a.
Deliver materials designated as recyclable materials to the Solid
Waste Facility for disposal.
b.
Handle recyclable materials in any manner which is inconsistent with
this section or with regulations adopted by the BRRA pursuant to this
section concerning recycling.
c.
Collect or transport recyclable materials owned by other persons
without a permit issued by the BRRA pursuant to the Town's Solid Waste
Regulations, or pursuant to this section.
d.
Collect or transport recycling materials from outside the Town for
disposal at the Solid Waste Facility or for recycling at the recycling
center without prior written permission from the BRRA.
e.
Violate any other provision of this section.
[Ord. 10/11/90 § 4]
a.
All materials designated as recyclable materials shall be separated
from non-recyclable materials at dwelling units, commercial establishments,
and multiple housing facilities in an orderly fashion such that the
surrounding area is maintained in a clean, neat, and sanitary condition
at all times and so as not to constitute a nuisance or otherwise be
objectionable. Failure to separate recyclable materials in accordance
with this paragraph shall be a violation of this section.
b.
All material designated by the BRRA as recyclable materials shall
be collected and delivered as follows:
1.
Recyclable materials may be collected and delivered by any BRRA permit
holder to the recycling center during operation hours. Town residents
and commercial establishments may contract with any commercial solid
waste collector for collection and delivery of recyclable materials.
Recyclable materials shall be transported in secure vehicles subject
to inspection by and approval of the BRRA.
2.
Recyclable materials may be placed at the curbside for collection
by the BRRA. Collections shall be carried out in accordance with a
schedule and route to be established and published regularly by the
BRRA.
|
Failure to collect and deliver recyclable materials as set forth
in this paragraph shall be a violation of this section.
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c.
Recyclable materials which are delivered to the recycling center
must be placed in the containers designated for each recyclable material.
Ownership of all recyclable materials shall be transferred to the
Town at the moment that such materials are delivered to the recycling
center; provided, however, that the BRRA and Town reserve the right
to reject those recyclable materials determined by BRRA or the Town
to be contaminated or otherwise unacceptable recyclable materials
shall be delivered by the BRRA permit holder delivering such materials
to the solid waste facility for disposal. Failure to separate and/or
place recyclable materials in the appropriate container shall be violation
of this section.
d.
Recyclable materials placed at the curbside for collection must be separated into the proper groups and each group of recyclable materials must be properly secured. The proper methods for separating recycled materials into groups and securing such materials shall be designated by the BRRA in the BRRA regulations. Materials designated as recyclable materials must be placed properly at the curbside and shall not be deposited in the travel portion of the road or street. Ownership of recyclable materials placed at the curbside shall be transferred to the Town at the moment such materials are picked up by the BRRA; provided, however, that the BRRA and Town reserve the right to reject those recyclable materials determined by BRRA or the Town to be contaminated or otherwise unacceptable recyclable center. The BRRA may establish by regulation a limit on the amount of recyclable materials which will be picked up at curbside at any address by the BRRA, and require that the remainder of recyclable materials above the limit must be transported at that addressee's sole expense to the recycling center by either a BRRA permit holder or the BRRA (in its discretion) for a fee to be determined under subsection 14-2.6. Contaminated or otherwise unacceptable recyclable materials shall be delivered by the BRRA permit holder delivering such materials to the solid waste facility for disposal. Failure to separate, secure, or properly place recyclable materials at the curbside on the designated day shall be violation of this section. The purposeful contamination of recyclable materials also shall be a violation of this section.
e.
Any collector who has reason to believe that a person from whom he
collects solid waste or recyclable materials in violation of this
section or BRRA regulations shall promptly notify the BRRA. Upon the
request of the BRRA, the collector shall provide a warning notice,
by tag or other means, to any person suspected by the collector or
BRRA of violating separation requirements.
f.
The BRRA shall promulgate and publish regulations under subsection
14-3.7 which further specify the duties and responsibilities of all
persons pursuant to this section, including but not limited to the
location and timing of routes to be followed by the BRRA for curbside
collection, and requirements for separating and securing recyclables
for curbside collection. Without limiting the generality of the foregoing,
the BRRA is authorized to require, by regulation, commercial haulers
to periodically submit a list of Town customers to assist the Town
in enforcing the provision of this section. Failure to comply with
said regulations shall be a violation of the section.
[Ord. 10/11/90 § 5]
Nothing herein shall be construed to prevent or discourage any
person from lawfully taking and disposing of recyclable material outside
of the Town or from lawfully composting or otherwise lawfully utilizing
recyclable material such that they never enter the waste stream, particularly
with respect to leaves and other yard wastes.
[Ord. 10/11/90 § 6]
The Town at a Town meeting shall determine the amount of any toll, fee, charge or other rate, if any, to be paid under this section for curbside collection of recyclable materials and/or delivery of recyclable materials to the recycling center, and shall publish notice of changes to such toll, fee, charge or other rate no later than 10 days prior to the effective date of such change. The BRRA by regulation adopted in accordance with subsection 14-2.7, may determine the amount of any toll, fee, change, or rate, if any, to be paid under this section unless and until the Town, at a Town meeting, exercises its power under this section.
[Ord. 10/11/90 § 7]
a.
The BRRA shall make, amend, revoke, and enforce any necessary rules
and regulations governing recycling in the Town.
b.
Any and all regulations proposed by the BRRA under the provisions
of this section shall be presented at a public hearing no later than
15 days prior to their proposed effective date. Copies of any regulations
to be adopted by BRRA subsequent to the hearing shall be filed with
the Town Clerk and made available to the public no later than 10 days
prior to their effective date. The effective date shall be stated
in the regulations.
[Ord. 10/11/90 § 8]
This section, and any regulations promulgated by the BRRA pursuant
to this section, shall be enforced by the BRRA and its agents and
assigns, by the Director and his agents and assigns, and by the Board
of Selectmen and its agents and assigns. The Director and any other
agents specifically designated by both the BRRA and the Board of Selectmen
are hereby authorized to issue written warnings and citations to violators
of this section in accordance with Public Act 88-221 shall be conduct
by the BRRA with respect to all such citations and all other complaints
of violations of this section. The enforcement provisions of this
section are to be implemented only as a last resort, when responsible
efforts to achieve voluntary compliance have failed.
[Ord. 10/11/90 § 9]
a.
The Director or other duly authorized party, upon a determination
that a violation of this section or any regulations promulgated hereunder
has occurred or is occurring, is authorized to issue a written warning
to the violator or violators. Such written warning shall be delivered
by certified mail, shall provide notice of the alleged violations,
shall enclose a copy of this section, and shall direct the violator
or violators to cease violating this section and/or take appropriate
corrective actions.
b.
If, within 10 days after receipt of the written warning by the violator
or violators, the Director or other duly authorized party determines
that the violations are continuing and/or have not been corrected,
the Director or other duly authorized party may issue to the violator
or violators a citation, the citation may order corrective measures,
suspension or revocation of a permit, and/or payment of a fine of
not more than $100.00 for individuals or $500.00 for commercial establishments
per violation. Such citation shall advise the person cited of the
following information, as appropriate:
1.
The allegations against him;
2.
Any corrective actions ordered;
3.
Any permit suspension or revocation, and/or the amount of any fines,
penalties, costs or fees due;
4.
His right to contest his liability before the BRRA by delivering
in person or by mail written notice to the Director or other duly
authorized party within 10 days of the date thereof requesting a hearing;
5.
His failure to request such a hearing will result in an assessment
of fines, penalties, costs of fees and final decision being entered
against him; and
6.
Such final decision may issue without further notice. If the person who is sent notice pursuant to this section wishes not to contest his responsibility for any alleged violation or the sanctions imposed in the citation, he may, without requesting a hearing, comply with the citation by conducting any corrective measures ordered, returning the permit in the event of a suspension or revocation, and paying the full amount of any uncontested fines, penalties, costs of fees in person or by mail to the BRRA. Such actions or payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person taking these actions or making the payment. Any person who does not deliver or mail a written request for a hearing within 10 days of the date such person received the citation shall be deemed to have admitted the allegations of the citation and the responsibility therefor, and the Director or other duly authorized party shall certify such person's failure to respond to the BRRA. The BRRA shall thereupon enter its final decision, and shall, if a fine, penalty, cost or fee has been assessed, follow the procedures set forth in subsection 14-2.10c below.
[Ord. 10/11/90 § 10]
a.
Any person who requests a hearing pursuant to subsection 14-2.9b hereof shall be given written notice of the date, time and place for the hearing by the BRRA. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided the BRRA shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. Original or certified copies of the written warning and citation issued by the Director of other duly authorized party shall be filed and retained by the BRRA, and shall be deemed to the business records within the scope of Section 52-180 of the Connecticut General Statutes and evidence of the Facts contained therein. The presence of the Director or other duly authorized party shall be required at the hearing if such person so requests. A person wishing to contest his responsibility for any alleged violation or the sanctions imposed in the citation shall appear at the hearing, may present evidence in his behalf, and may be represented by counsel. A designated Town official, other than a member of the BRRA, may present evidence on behalf of the Town. The hearing shall be conducted by a hearing officer appointed by the Chief Executive Officer of the Town, provided that in the event the hearing might result in the suspension or revocation of a permittee, the hearing shall be conducted by all of the members of the BRRA. If such person fails to appear, the hearing officer may enter a decision be default against him upon a finding of proper notice and liability under this section. The hearing officer may accept from such person copies of investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as it deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce his decision at the end of the hearing. If the hearing officer determines the person is not responsible for the alleged violations or the sanctions imposed in the citation, he shall dismiss the matter and enter his determination in writing accordingly. If the hearing officer determines that the person is responsible for the alleged violations or the sanctions imposed in the citation, he shall forthwith enter his determination in writing and assess any fines, penalties, costs or fees against such person as provided by this section.
b.
Any person aggrieved by any decision of the BRRA ordering corrective
measures, suspension or revocation of a permit, or a fine, penalty,
cost or fee, may appeal to the Board of Selectmen within 10 days of
the BRRA decision. The appeal shall be in writing, shall state the
basis of the aggrievement, and shall be filed in the office of the
Town Clerk. The Board of Selectmen shall hold a hearing on the appeal
within 30 days from the date it is filed, and notice of the time and
place of the hearing shall be provided to the appellant and BRRA by
certified mail not less than seven days prior to the hearing. The
appellant and BRRA shall have the right to be heard and to participate
in the hearing, and shall be allowed to be represented by counsel.
At the conclusion of the hearing, the Board of Selectmen shall make
a decision on the appeal, and shall issue written notice of its decision
by certified mail to the appellant and the BRRA.
c.
If any assessment under this section is not paid on the date of its
entry, the BRRA shall send by first class mail notice of the assessment
to the person found liable and shall file, not less than 30 days nor
more than 12 months after such mailing, a certified copy of the notice
of assessment with the Clerk of the Superior Court for the geographical
area in which the Town is located together with an entry fee of $8.00.
The certified copy of the notice of assessment shall constitute a
record of assessment. Within such twelve-month period, assessments
against the same person may be accrued and filed as one record of
assessment and court costs of $8.00, against such person in favor
of the Town.
[Ord. 10/11/90 § 11]
A person against whom an assessment has been entered pursuant
to this section is entitled to judicial review by way of appeal. An
appeal shall be instituted within 30 days of the mailing of notice
of such assessment by filing a petition to reopen assessment, together
with an entry fee in an amount equal to the entry fee for a small
claims case pursuant to Section 52-259 of the Connecticut General
Statutes, in the Superior Court for the geographical area in which
the Town is located. The institution of such an appeal shall entitle
such person to a hearing in accordance with the rules of the Judges
of the Superior Court.
[Ord. 10/11/90 § 12]
The BRRA may suspend all or part of the regulations applying
to the collection, transportation and disposal of recyclable materials
or the provisions of this section in circumstances where the public
health, safety, well being, or convenience are jeopardized. Such suspension
shall be for the shortest practicable time period. Other reasonable
rules and regulations governing the handling and disposal of recyclable
materials may be imposed during these times.
