[Adopted 12-29-1990;
amended 10-20-1994]
The purpose of this article is to make recycling mandatory in
the Town of Ashford in compliance with Public Act 87-544, codified
in §§ 22a-241 through 22a-241h 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 Ashford recognizes that recycling conserves valuable material
resources and energy and reduces the overall amount of solid waste
presently disposed of, thus saving valuable landfill space and tax
dollars.
Unless the context specifically indicates otherwise, the meanings
of the terms used in this article shall be as follows. "Shall" is
mandatory, while "may" is permissive as used herein.
The Ashford Solid Waste and Recycling Committee; until a
committee separate from the Board of Selectmen is created by Town
ordinance, the Board of Selectmen shall serve as the Solid Waste and
Recycling Committee.[1]
[Amended 6-7-2021]
Corrugated boxes and similar corrugated and kraft paper material
which have a minimum of contamination by food or other material.
Buildings or portions of buildings used for business purposes
and not for residential dwelling purposes.
An ASWRC permit holder who collects and transports solid
waste and recyclable materials from any location to the Town solid
waste facility for a fee.
An accelerated biological process in which organic materials,
such as yard wastes, are broken down.
The Connecticut Department of Energy and Environmental Protection.
The Town Recycling Coordinator.
A device used for generating electric current through a chemical
reaction, including but not limited to nickel-cadmium batteries, carbon
batteries and alkaline batteries.
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.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, service or consumption of food.
A glass bottle or jar of any size or shape used to package
food products suitable for human or animal consumption.
A high-density polyethylene bottle or jar of any size or
shape used to package food, household laundry products, or crankcase
oil.
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
sub-municipal level.
The foliage of trees.
A facility or technique authorized by a municipality and
acceptable to the DEEP which can recycle an item or items and market
or deliver for reuse the resulting material product or products.
To sell a recyclable item to a customer or consumer who will
reuse it or dispose of it for reuse in a material product.
An aluminum, bimetal, steel, tin-plated steel, or other metallic
can, plate or tray of any size or shape used to package food products
suitable for human or animal consumption.
[Amended 6-7-2021]
A housing facility containing more than one dwelling unit
under one roof.
Used or discarded newsprint which has a minimum of contamination
by food or other material.
That class or kind of paper chiefly used for printing newspapers
and weighing more than 24 1/2 pounds but less than 35 pounds for 500
sheets of paper two feet by three 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.
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.
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 article, office paper generated by household
dwelling units is excluded.
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.
A polyethylene terephthalate container of any size or shape
used to package beverages.
Includes 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 DEEP regulations, state statutes or ASWRC regulations.
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.
The area at the solid waste facility or regional processing
center designated by the Town for the handling of recyclable materials.
Solid waste.
An intermediate processing center which is authorized by
the Town or by a group of municipalities or designated by the Commissioner
of Energy and Environmental Protection which can recycle an item or
items and market the resulting material product or products.
[Amended 6-7-2021]
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.
Rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses
and trailers.
Unwanted or discarded materials, including solid, liquid,
semisolid 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 § 22a-115 of the Connecticut
General Statutes.
Any solid waste disposal area, volume reduction plant, transfer
station, wood-burning facility or biomedical waste treatment facility.
[Amended 6-7-2021]
The process of storing, collecting, transporting, processing
and disposing of wastes.
Clean fill, scrap metal, white goods, tires and bulky items
and items such as furniture, mattresses, rugs, and similar nonmetallic
items.
Lead-acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
The Town of Ashford, Connecticut.
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.
Crankcase oil which has been utilized in internal combustion
engines.
Grass clippings, leaves, tree trimmings, weeds, garden plants,
shrubs, branches, limbs, brush, and similar materials grown on and
emanating from premises within the Town.
A.
This article applies to all persons within the Town of Ashford.
B.
On and after the effective date of this article, it shall be unlawful
for any persons to:
(1)
Deliver materials designated as recyclable materials to the solid
waste facility for disposal.
(2)
Handle recyclable materials in any manner which is inconsistent with
this article or with regulations adopted by the ASWRC pursuant to
this article concerning recycling.
(3)
Collect or transport recyclable materials owned by other persons without a permit issued by the ASWRC pursuant to Article I, Refuse Hauling, of this chapter or pursuant to this article.
(4)
Collect or transport recyclable 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 ASWRC.
(5)
Violate any other provision of this article.
A.
All materials designated as recyclable materials shall be separated
from nonrecyclable materials at dwelling units, commercial establishments,
and multiple-housing facilities in an appropriate 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 subsection shall be a violation of this article.
B.
Collection and delivery of recyclable materials.
(1)
All materials designated by the ASWRC as recyclable materials shall
be collected and delivered as follows:
(a)
Recyclable materials may be collected and delivered by any ASWRC
permit holder to the recycling center during operating 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 ASWRC.
(b)
Recyclable materials may be placed at the curbside for collection
by haulers licensed by the ASWRC. Collections shall be carried out
in accordance with a schedule and route to be established and published
regularly by the ASWRC.
(2)
Failure to collect and deliver recyclable materials as set forth
in this subsection shall be a violation of this article.
C.
Recyclable materials which are delivered to the recycling center
must be placed in the containers designated for each type of recyclable
material. Ownership of all recyclable materials shall be deemed transferred
to the Town at the moment that such materials are transferred to the
recycling center; provided, however, that the ASWRC and Town reserve
the right to reject those recyclable materials determined by the ASWRC
or Town to be contaminated or otherwise unacceptable recyclable materials
either at the curbside or at the recycling center. Contaminated or
otherwise unacceptable recyclable materials shall be delivered by
the ASWRC permit holder delivering such materials to the solid waste
facility for disposal. Failure to separate and/or place recyclable
materials in the appropriate containers shall be a violation of this
article.
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 ASWRC in the ASWRC 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 hauler; provided, however, that the ASWRC and Town reserve the right to reject those recyclable materials determined by the ASWRC or Town to be contaminated or otherwise unacceptable recyclable materials either at the curbside or at the recycling center. The ASWRC may establish by regulations a limit on the amount of recyclable materials which will be picked up at the curbside at any address by the hauler and require that the remainder of recyclable materials above said limit must be transported at that addressee's sole expense to the recycling center by an ASWRC permit holder (in its discretion) for a fee to be determined under § 273-11 of this article. Contaminated or otherwise unacceptable recyclable materials shall be delivered by the ASWRC 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 a violation of this article. The purposeful contamination of recyclable materials also shall be a violation of this article.
E.
Any collector who has reason to believe that a person from whom he
collects solid waste or recyclable materials is in violation of this
article or ASWRC regulations shall promptly notify the ASWRC. Upon
the request of the ASWRC, the collector shall provide a warning notice,
by tag or other means, to any person suspected by the collector or
the ASWRC of violating separation requirements.
F.
The ASWRC shall promulgate and publish regulations under § 273-12 of this article from time to time which further specify the duties and responsibilities of all persons pursuant to this article, including but not limited to the location and timing of routes to be followed for curbside collection and requirements for separating and securing recyclables for curbside collection. Without limiting the generality of the foregoing, the ASWRC is authorized to require, by regulation, commercial haulers to periodically submit lists of Town customers to assist the Town in enforcing the provisions of this article. Failure to comply with said regulations shall be a violation of this article.
Nothing herein shall be construed to prevent or discourage any
person from lawfully taking and disposing of recyclable materials
outside of the Town or from lawfully composting or otherwise lawfully
utilizing recyclable materials such that they never enter the waste
stream, particularly with respect to leaves and other yard wastes.
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 article 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 ASWRC, by regulation adopted in accordance with § 273-12 of this article, may determine the amount of any toll, fee, charge, or other rate, if any, to be paid under this article unless and until the Town, at a Town Meeting, exercises its power under this section.
A.
The ASWRC shall make, amend, revoke, and enforce any necessary rules
and regulations governing recycling in the Town.
B.
Any and all regulations proposed by the ASWRC under the provisions
of this article 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 the ASWRC 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 of the regulations
shall be stated in said regulations.
A.
This article, and any regulations promulgated by the ASWRC pursuant
to this article, shall be enforced by the ASWRC 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 ASWRC and the Board of
Selectmen are hereby authorized to issue written warnings and citations
to violators of this article in accordance with Public Act 88-221,
codified in § 7-148 of the Connecticut General Statutes.
Hearings conducted in accordance with Public Act 88-221 shall be conducted
by the ASWRC with respect to all such citations, and all enforcement
provisions of this article are to be implemented only as a last resort,
when responsible efforts to achieve voluntary compliance have failed.
B.
The Board of Selectmen is hereby authorized to appoint a Director
and to contract with him for services required to implement this article.
The Director and any agents appointed to assist him shall serve at
the discretion of the Board of Selectmen.
A.
The Director or other duly authorized party, upon a determination
that a violation of this article 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 article, and shall direct the violator
or violators to cease violating this article 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 $50 for individuals, or $100 for commercial establishments,
or $1,000 for waste haulers, for the first violation, or up to $500/$500/$5,000
for subsequent violations.
(1)
Such
citation shall advise the person cited of the following information,
as appropriate:
(a)
The allegations against him;
(b)
Any corrective actions ordered;
(c)
Any permit suspension or revocation and/or the amount of any fines,
penalties, costs or fees due;
(d)
His right to contest his liability before the ASWRC 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;
(e)
That his failure to request such a hearing will result in an assessment
of fines, penalties, costs or fees and final decision being entered
against him; and
(f)
That such final decision may issue without further notice.
(2)
If the person who is sent notice pursuant to this article 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 or fees in person or by mail to the ASWRC. Such actions or payments shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person taking the 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 authorize party shall certify such person's failure to respond to the ASWRC. The ASWRC shall thereupon enter its final decision and shall, if a fine, penalty, cost or fee has been assessed, follow the procedures set forth in § 273-15C.
A.
Any person who requests a hearing pursuant to § 273-14B hereof shall be given written notice of the date, time and place for the hearing by the ASWRC. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided that the ASWRC 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 or other duly authorized party shall be filed and retained by the ASWRC and shall be deemed to be business records within the scope of § 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 ASWRC, 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 that the hearing might result in the suspension or revocation of a permit, the hearing shall be conducted by all of the members of the ASWRC. If such persons fail to appear, the hearing officer may enter a decision by default against him upon a finding or proper notice and liability under this article. 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 he 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 that 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 article.
[Amended 6-7-2021]
B.
Any person aggrieved by any decision of the hearing officer 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 ASWRC 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 said hearing shall be provided to the appellant
by certified mail not less than seven days prior to said hearing.
The appellant and the Town shall have the right to be heard and to
participate in said hearing and shall be allowed to be represented
by counsel. At the conclusion of said 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 ASWRC.
C.
If any assessment under this article is not paid on the date of its
entry, the ASWRC shall send by first-class mail a 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.
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. The Clerk shall enter judgment, in the amount of such
record of assessment and court costs of $8, against such person in
favor of the Town.
[Amended 6-7-2021]
A person against whom an assessment has been entered pursuant
to this article 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 § 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.
The ASWRC may suspend all or part of the regulations applying
to the collection, transportation and disposal of recyclable materials
or the provisions of this article in circumstances where the public
health, safety, well-being, or convenience is 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.
In the event that any court of competent jurisdiction should
rule that any word, clause, sentence, section, part or provision of
the foregoing article is invalid, that determination shall not affect
the validity of the remainder of this article, and all other provisions
of this article shall remain in full force and effect.
