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.
ASWRC
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.
[Amended 6-7-2021]
CARDBOARD
Corrugated boxes and similar corrugated and kraft paper material
which have a minimum of contamination by food or other material.
COMMERCIAL ESTABLISHMENTS
Buildings or portions of buildings used for business purposes
and not for residential dwelling purposes.
COMMERCIAL SOLID WASTE COLLECTOR
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.
COMPOSTING
An accelerated biological process in which organic materials,
such as yard wastes, are broken down.
DEEP
The Connecticut Department of Energy and Environmental Protection.
DIRECTOR
The Town Recycling Coordinator.
DRY CELL BATTERY
A 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
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
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, service or consumption of food.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package
food products suitable for human or animal consumption.
HDPE PLASTIC CONTAINER
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
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.
LOCAL PROCESSING SYSTEM
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.
MARKET
To sell a recyclable item to a customer or consumer who will
reuse it or dispose of it for reuse in a material product.
METAL FOOD CONTAINER
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]
NEWSPAPER
Used or discarded newsprint which has a minimum of contamination
by food or other material.
NEWSPRINT
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.
OCCUPANT
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
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.
PERSON
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
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.
RECYCLE
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
The area at the solid waste facility or regional processing
center designated by the Town for the handling of recyclable materials.
REGIONAL PROCESSING CENTER
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]
SCRAP METAL
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
Rubber or synthetic rubber tires used by or manufactured
for vehicles, including but not limited to automobiles, trucks, buses
and trailers.
SOLID WASTE
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.
SOLID WASTE FACILITY
Any solid waste disposal area, volume reduction plant, transfer
station, wood-burning facility or biomedical waste treatment facility.
[Amended 6-7-2021]
SPECIAL MATERIALS
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
Lead-acid batteries or other batteries used in motor vehicles
such as automobiles, airplanes, boats, recreational vehicles, tractors
and like applications.
TOWN
The Town of Ashford, Connecticut.
TRANSPORT
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
Crankcase oil which has been utilized in internal combustion
engines.
YARD WASTES
Grass clippings, leaves, tree trimmings, weeds, garden plants,
shrubs, branches, limbs, brush, and similar materials grown on and
emanating from premises within the Town.
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 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.