[Amended 4-26-1999; 9-11-2017; 7-12-2021; 6-13-2022]
The accumulation, collection, removal and disposal of refuse shall be controlled by this municipality for the protection of the public health, safety and welfare. It is consequently found and declared that:
A. 
This municipality is authorized by law to regulate the disposition of refuse generated within its boundaries and to collect a charge therefor and to license refuse collectors.
B. 
This municipality is also authorized by Connecticut General Statutes Section 22a-220a to designate the area where refuse generated within its boundaries shall be disposed of.
C. 
The enactment of this article is in furtherance of this municipality's approved regional Solid Waste Management Plan.
The following terms shall have the following meanings:
ACCEPTABLE SOLID WASTE
Unwanted or discarded materials of the kind normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection, and commercial, governmental and light industrial waste of which a municipality is required by state law to make provision for the safe and sanitary disposal, but not including in any case items designated for recycling, special handling waste or oversized bulky waste.
COLLECTOR
Any person who holds himself out for hire to collect refuse from residential, business, commercial or other establishments.
DIRECTOR
The Director of Public Works of the Town of Simsbury.
DISPOSAL CHARGE
That amount of money to be charged for solid waste or refuse disposal in accordance with this article.
HAZARDOUS WASTE
Pathological, biological, cesspool or other human wastes, human and animal remains, radioactive, toxic and other hazardous wastes which, according to federal, state or local rules or regulations from time to time in effect, require special handling in their collection, treatment or disposal, including those regulated under 42 U.S.C. §§ 6921 through 6925 and regulations thereunder adopted by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, fine powdery earth used to filter cleaning fluid and refuse of similar nature.
OVERSIZED BULKY WASTE or OBW
White goods (major household appliances) and other unwanted or discarded materials which:
A. 
Are the kinds not normally collected or disposed of, or caused to be collected or disposed of, by or on behalf of a municipality through private or municipal collection;
B. 
Would not constitute special handling waste under these definitions;
C. 
May be disposed of in a bulky waste landfill holding a permit issued by the Connecticut Department of Environmental Protection under Section 19-524-8 of its regulations or any successor provision; and
D. 
Are not too large to be deposited and stored at the Simsbury Bulky Waste and Recycling Center or transported to a landfill.
SOLID WASTE ORDINANCE
This Solid Waste Ordinance, as it may be amended from time to time, which consists of Chapter 133 of the Code, entitled "Solid Waste."
SPECIAL HANDLING WASTE
A. 
Hazardous waste.
B. 
Dirt, concrete and other nonburnable construction material and demolition debris.
C. 
Large items of machinery and equipment, such as motor vehicles and major components thereof (e.g., transmission, rear ends, springs, fenders), agricultural equipment, trailers and marine vessels and other items of waste exceeding six feet in any one of its dimensions or being in whole or part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, including, in the context of deliveries to the facility, OBW.
D. 
Explosives, ordinance materials, oil, sludges, flammable substances, hazardous chemicals, tires and other materials the acceptance of which is likely to cause damage to or adversely affect the operation of a facility or, in the judgment of the Director of Public Works of this municipality, reasonably exercised, is likely to cause damage to or adversely affect the operation of a facility, constitute a threat to health or safety or violate or cause the violation of any applicable federal, state or local law, regulation or judicial or administrative decision or order.
The owner of each premises in this municipality where acceptable solid waste or any other refuse is created or generated shall provide, at a suitable place upon such premises, sufficient containers for receiving and holding such acceptable solid waste during the intervals between collections. Such containers shall be maintained in good condition free of holes and fissures and shall be equipped with covers.
No person other than those licensed by this municipality to perform such work and in accordance with the provisions of these regulations shall operate as a collector within this municipality. No refuse generated or collected from outside this municipality shall be disposed of under a license or registration issued pursuant to this article.
A. 
Licensing and registration authority designated. The Director shall be the licensing and registration authority for collectors and vehicles and the containers used by them. The Director shall grant a license within a reasonable time following the filing of a proper application and payment of the prescribed unless he finds one or more of the following conditions to prevail:
(1) 
The applicant has been irresponsible in the conduct of refuse collection and hauling operations as evidenced by previous suspensions and/or revocations of licenses issued by this municipality or any other licensing authority in the State of Connecticut within three years prior to the application.
(2) 
The applicant is in default in its obligations as a collector or has otherwise violated the provisions of this article.
(3) 
The applicant lacks suitable equipment available for registration hereunder with which to collect and transport acceptable solid waste in a safe and nuisance-free manner and in compliance with this article.
B. 
License required. Each collector shall annually on or before July 1 apply for a license from the Director on such form as the Director shall prescribe to engage in the business of collection and transportation of acceptable solid waste and recyclables in this municipality.
C. 
Registration term, fee and renewal. All registrations shall be issued for a term not to exceed one year and shall be renewable on or before the first day of July of each year.
D. 
Each licensed collector who offers a solid waste collection service to commercial and residential properties within the Town of Simsbury must also offer an acceptable concurrent curbside recycling service to all residential customers.
A. 
A license to engage in the business of a collector in this municipality is a privilege, not a right. Failure to comply with the provisions of this chapter shall be grounds for revocation or suspension of any license or registration issued under the provisions of this chapter in addition to any other penalty imposable by law.
B. 
Notice required. A revocation or suspension shall become effective five calendar days after issuance of a written notice by the Director.
C. 
Request for review; filing; effect of failure to file. If a collector objects to the Director's action described in Subsection B above to revoke or suspend such collector's license or registration, he may, within the five calendar days of issuance of said notice, file a written request for review with the Town Manager at which review the collector may present evidence to attempt to demonstrate that he has not violated this article or that the penalty for the violation should be mitigated for good cause. Failure to file such timely request for review shall make the Director's action final and binding upon such collector.
A. 
Place of delivery. Each collector shall deliver all acceptable solid waste collected within the territorial limits of this municipality to an appropriate state-licensed facility and pay the disposal charge to the facility. In no case shall a collector deliver any hazardous waste, oversized bulky waste or special handling waste to the facility.
B. 
Failure to pay. A failure to pay charges of an appropriate state-licensed facility shall be grounds for revocation or suspension of a license and registration.
C. 
Prohibition on delivery. No licensee shall deliver any acceptable solid waste generated within this municipality to any place other than an appropriate state-licensed facility, unless the facility is incapable of accepting acceptable solid waste at the time of delivery, in which event such acceptable solid waste shall be delivered to the place designated by the Director. No collector may, under the license issued hereunder, deliver to the facility any refuse, including, without limitation, acceptable solid waste generated and/or collected outside the territorial limits of this municipality.
D. 
Construction and maintenance of vehicles and containers. All vehicles used to collect and transport refuse shall be of a construction which will prevent liquid leaking out of the unit and shall be maintained free of obnoxious odors and accumulated refuse. All vehicles or container systems shall be equipped to meet requirements.
E. 
Time of operation. Collectors may deposit acceptable solid waste at the facility only at times and on days as designated in regulations.
F. 
Spilled refuse. Collectors shall clean up immediately any refuse that may have been spilled when carrying or transferring refuse or when disposing of such refuse at the facility.
A. 
Pursuant to Connecticut General Statutes Section 22a-220a(f), any collector who dumps more than one cubic foot in volume of refuse at one time in an area not designated for such disposal by this article shall, for a first violation, be liable for a civil penalty of $1,000 for each violation and $5,000 for a subsequent violation.
B. 
Any collector who otherwise violates this article, and any other person or entity who violates this article, shall be liable for a civil penalty of $100 for each violation.
C. 
The imposition of the monetary penalties set forth herein shall not preclude the Town from seeking any other remedy, including but not limited to money damages and injunctive relief, as may be allowed by law.