[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:
APPROVED INCINERATOR
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.
BRRA
Shall mean Brooklyn Resource Recovery Authority.
BULKY WASTE
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.
COLLECTION
Shall mean removal of solid waste from its place of storage
to the transportation vehicle.
DWELLING UNIT
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.
GARBAGE
Shall mean putrescible animal or vegetable wastes resulting
from the handling, preparation, cooking, serving or consumption of
food.
OCCUPANT
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.
PERSON
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.
PROCESSING
Shall mean incinerating, composting, baling, shredding, salvaging,
compacting, separating and other processes whereby solid waste characteristics
are modified or solid waste quantity is reduced.
REFUSE
Shall mean solid waste.
SOLID WASTE
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.
SOLID WASTE CONTAINER
Shall mean a receptacle used by any person to store solid
waste during the interval between solid waste collections.
SOLID WASTE MANAGEMENT
Shall mean the entire solid waste system of storage, collection,
transportation, processing and disposal.
SPECIAL WASTES
Shall mean clean fill, scrap metal and white goods, tires,
bulky items and items such as furniture, mattresses, rugs and similar
nonmetallic items.
STORAGE
Shall mean keeping, maintaining or storing solid waste from
the time of its production until the time of its collection.
TOWN
Shall mean Town of Brooklyn, Connecticut.
TRANSPORTATION
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.
YARD WASTES
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.
g. Fail to take corrective measures ordered by the BRRA under authority of subsection
14-1.11.
[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 § 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:
BRRA
Shall mean the Brooklyn Resource Recovery Authority.
CARDBOARD
Shall mean corrugated boxes and similar corrugated and kraft
page material which have a minimum of contamination by food or other
material.
COMMERCIAL ESTABLISHMENTS
Shall mean buildings, or portions of building used for business
purpose and not for residential dwelling purposes.
COMPOSTING
Shall mean an accelerated biological process in which organic
materials, such as yard wastes, are broken down.
COMMERCIAL SOLID WASTE COLLECTOR
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.
DEP
Shall mean the Connecticut Department of Environmental Protection.
DIRECTOR
Shall mean the Town Director of Solid Waste Management.
DRY-CELL BATTERY
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.
DWELLING UNIT
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.
GARBAGE
Shall mean putrescible animal or vegetable wastes resulting
from the handling, preparation, cooking and eating.
GLASS FOOD CONTAINER
Shall mean a glass bottle or other glass container which
contains foods that are suitable for human or animal consumption.
H.D.P.E. PLASTIC CONTAINER
Shall mean a high density polyethylene bottle or jar of any
size or shape used to package food, household laundry products, or
crankcase oil.
INTERMEDIATE PROCESSING CENTER
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.
LEAVES
Shall mean the foliage of trees.
LOCAL PROCESSING SYSTEM
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.
MARKET
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.
METAL FOOD CONTAINER
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.
NEWSPAPER
Shall mean used or discarded newsprint which has a minimum
of contamination by food or other material.
NEWSPRINT
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.
OCCUPANT
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.
OFFICE PAPER
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.
PERSON
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.
RECYCLABLE MATERIALS
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.
RECYCLE
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.
RECYCLING CENTER
Shall mean the area at the solid waste facility designated
by the BRRA for the handling of recyclable materials.
REFUSE
Shall mean solid waste.
REGIONAL PROCESSING CENTER
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.
SCRAP METAL
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.
SCRAP TIRES
Shall mean rubber or synthetic rubber tires used by or manufactured
for vehicles including but not limited to automobiles, trucks, buses
and trailers.
SHALL
Is mandatory, while "may" is permissive as used herein.
SOLID WASTE
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.
SOLID WASTE MANAGEMENT
Shall mean the process of storing, collecting, transporting,
processing and disposing of wastes.
SPECIAL MATERIALS
Shall mean clean fill, scrap metal, white goods, tires and
bulky items and items such as furniture, mattresses, rugs, and similar
nonmetallic items.
STORAGE BATTERY OR BATTERY
Shall mean lead acid batteries or other batteries used in
motor vehicles such as automobiles, airplanes, boats, recreational
vehicles, tractors and like applications.
TOWN
Shall mean the Town of Brooklyn, Connecticut.
TRANSPORT
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.
WASTE OIL
Shall mean crankcase oil which has been utilized in internal
combustion engines.
YARD WASTES
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 § 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 § 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 § 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.