[Adopted 3-13-2006]
For the purpose of this article, certain words and terms used
herein shall be used, interpreted and defined as set forth in this
section.
The facility located at 5 Town Hall Road, Ashford, Connecticut.
Infectious waste, pathological waste and chemotherapy waste
generated during the administration of medical care or the performance
of medical research involving humans or animals and which, because
of its quantity, character or composition, has been determined by
the Commissioner of the Connecticut Department of Energy and Environmental
Protection to require special handling, but excluding any solid waste
which has been classified by the Department as a hazardous waste pursuant
to Connecticut General Statutes (C.G.S.) § 22a-115 or which
is a radioactive material regulated pursuant to C.G.S. § 22a-148.
Solid waste collection from residents by a municipal authority.
Solid waste from residential, commercial and industrial sources,
excluding solid waste consisting of significant quantities of hazardous
waste as defined in C.G.S. § 22a-115, land-clearing debris,
demolition debris, biomedical waste, sewage sludge and scrap metal.
The Ashford Recycling Center and Transfer Station Operational
Management Plan, referred to hereafter as "ARCTSOMP," to be developed
by the Board of Selectmen or its duly authorized agent(s).
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 Department of Energy and Environmental Protection (DEEP) regulations, state statutes or Town of Ashford regulations. For definitions of specific recyclable materials, etc., refer to Article II, Recycling, of this chapter.
Solid waste.
Unwanted or discarded materials, including solid, liquid,
semisolid or contained gaseous materials. Such waste includes, but
shall not 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.
The Town of Ashford, a municipal corporation located in Windham
County, State of Connecticut.
Any location or structure owned or utilized by the Town,
whether located on land or water, where solid waste, generated elsewhere,
may be received and stored for transfer or transferred from transportation
units and placed in other transportation units for movement to another
location, whether or not such waste is stored at the location prior
to transfer.
Any employee(s) or person(s) designated by the Town to facilitate
the operation of the Transfer Station.
There shall be a Town of Ashford Transfer Station designated
by the Board of Selectmen. Only refuse generated in the Town of Ashford
shall be placed in, at or upon the Transfer Station, unless approved
by the Board of Selectmen or the ARCTSOMP and within the guidelines
of the Connecticut General Statutes. Per C.G.S. § 22a-220a,
the disposal of such solid waste at any other area in the Town is
prohibited unless it is approved, in writing, by the Board of Selectmen
or its duly authorized agent, prior to disposal.
No person shall deposit any amount of prohibited items at the
Transfer Station. The Board of Selectmen or its designee(s) shall
itemize prohibited items in the ARCTSOMP.
Only the following categories of persons shall be permitted
to dispose of refuse at the Transfer Station:
A.
Residents of the Town of Ashford.
B.
Nonresident owners of residential property situated in the Town of
Ashford, but only for the sole purpose of disposing of routine residential
or household refuse generated from residential property situated in
the Town of Ashford.
C.
Any person operating a business or other entity that is situated
in the Town of Ashford.
A.
The Board of Selectmen of the Town of Ashford shall institute a permit
system requiring all persons who dispose of refuse at the Transfer
Station to obtain a permit for each motor vehicle utilized by such
person in the hauling or disposing of refuse at the Transfer Station.
No person shall be permitted or authorized to deposit or dispose of
any refuse of any nature at the Transfer Station without having first
obtained such permit.
B.
The First Selectman or his duly authorized agent may require any
person to certify under penalty of false statement, as defined by
the General Statutes of the State of Connecticut, that any refuse
to be dumped, deposited or placed at the Transfer Station was not
generated or collected, in whole or in part, from any point outside
the geographical limits of the Town of Ashford. In the event any authorized
representative of the Town of Ashford charged with the responsibility
of monitoring the deposit of refuse at the Transfer Station determines
that any proposed disposal of refuse at the Transfer Station violates
any of the provisions of this article, or any of the provisions of
the regulations adopted by the Board of Selectmen pursuant to this
article, or that such disposal of refuse would violate any applicable
law or regulation, state or federal, then, in such event, such representative
of the Town of Ashford may deny entry to any person seeking deposit
of such refuse. Such access shall be denied even though the person
seeking to deposit such refuse holds or displays a current valid permit.
C.
Any person holding a permit must permanently affix such permit on
the lower left corner of the transporting vehicle's windshield unless
otherwise designated by the ARCTSOMP. Any person who fails to properly
display the permit in such manner shall not be allowed entry to the
Transfer Station.
Refuse shall only be disposed of at the Transfer Station in
areas specifically designated in the ARCTSOMP or as directed by the
Transfer Station staff.
A.
No one shall retrieve or attempt to retrieve refuse deposited within
the Transfer Station, i.e., "dumpster diving," whether or not said
refuse is contained within a container.
B.
Persons permitted to use the Transfer Station may take items from
designated areas known as the "Swap Shop" or "Book Swap" areas in
accordance with the ARCTSOMP. Persons permitted to use the Transfer
Station may ask the Transfer Station personnel to retrieve items of
interest. The staff may accommodate said requests at their discretion.
No materials deemed hazardous by C.G.S. § 22a-115,
42 U.S.C. § 6901 or 40 CFR 261 or materials deemed hazardous
by ARCTSOMP shall be deposited at the Transfer Station. No biomedical
waste shall be deposited at the Transfer Station.
All vehicles transporting refuse from the Transfer Station to
other processing facilities shall have the refuse secured so that
no material can escape from such vehicle.
The Board of Selectmen of the Town of Ashford is hereby authorized
to establish rules and regulations for the purpose of implementing
this article and for the maintenance of the Transfer Station in a
safe, sanitary and efficient manner. The Board of Selectmen shall
have the authority to regulate hours of operation and to designate
locations for disposal of refuse within the Transfer Station.
A.
The Board of Selectmen shall institute a permit system and fee schedule
for the purpose of implementing this article. Such fee schedule, rules,
and regulations shall be set forth in the ARCTSOMP, which shall be
available for inspection in the First Selectman's office.
B.
The Board of Selectmen shall establish a permanent Ashford Solid
Waste and Recycling Committee (ASWRC) whose members shall be appointed
by the Board of Selectmen [previously known as the "Ashford Recycling
Committee (ARC)"]. This appointed Committee shall convene at least
once every year to review costs, operations and environmental regulations
related to solid waste and recycling within the Town. This Committee,
the ASWRC, shall advise the Board of Selectmen in the development
of the ARCTSOMP.
The ARCTSOMP shall include a fee schedule and method of implementation.
Municipal solid waste and recyclable material shall be separated
and handled as described in the ARCTSOMP or as directed by the Transfer
Station staff.
The Transfer Station shall be open for use as authorized by
the Board of Selectmen. The Board of Selectmen shall have the authority
to change hours of operation as may be deemed appropriate. The hours
of operation, holiday schedule and public access shall be posted at
the Transfer Station and the Ashford Town offices.
No person shall enter or be permitted within the Transfer Station
except during the hours when it is open to the public and when a representative
of the Town is on duty.
Subject to the provisions of § 273-34 of this article, per C.G.S. § 22a-220a(h), the scavenging of solid waste at the Transfer Station is prohibited.
The Board of Selectmen may propose and change fees as it deems
appropriate, but only after approval by a majority vote at a Town
Meeting held thereon and notice thereof is provided by publication
in a newspaper having a circulation in the Town prior to the meeting
in accordance with Town Meeting protocol.
A.
The Board of Selectman is hereby vested with the authority to revoke
the permit of any person who violates any term in this article or
any regulation adopted by the Board of Selectmen pursuant to its authority
granted by this article.
B.
The first warning is from the Transfer Station staff. If this fails
to resolve an incident then the First Selectman will be notified and
shall then issue a written warning to the offending party. If this
fails to resolve the issue, then a suspension of the permit allowing
access to the Transfer Station and/or a fine designated in the ARCTSOMP
shall be imposed.
C.
The Board of Selectmen shall provide the holder of such permit with
at least five days' notice of its intent to revoke said permit or
an assessment of a fine. Said five-day period shall commence on the
first day following notice to the permit holder by certified mail.
If the permit holder desires to contest such proposed revocation,
he shall file written notice that he contests the proposed revocation
no later than the sixth day after the date the notice was mailed.
The Board of Selectmen shall, upon receipt of such notice of contest,
conduct a hearing within 10 days of its receipt to determine the merits
of the matter. Upon a determination of the merits of such matter,
the Board of Selectmen shall forthwith issue its decision. Nothing
in this appeal procedure shall be construed to permit any unauthorized
or illegal dumping at the Transfer Station.
If any provision of this article or its application to any person,
situation, or circumstance is held invalid, such invalidity shall
not affect any other provision or application of the same.
This article shall become effective 15 days after publication
in a newspaper pursuant to the provisions of C.G.S. § 7-157.
