[HISTORY: Adopted by the Town of Harwinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-1988 by Ord. No. 69, effective 4-8-1988]
The accumulation, collection, removal and disposal of refuse must 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 § 22a-220a to designate the area where refuse generated within its boundaries shall be disposed;
C. 
This municipality has executed the Municipal Service Agreement requiring it to cause all solid waste generated within its boundaries and which meets the contractual standards to be delivered to the Mid-Connecticut System;
D. 
The public health, safety and welfare of this municipality will be best served by requiring the delivery of such solid waste to the Torrington Transfer Station for processing by the Mid-Connecticut System and the generation of electricity at such facilities as may be designated by the Board of Selectmen; and
E. 
The enactment of this article is in furtherance of this municipality's regional Solid Waste Management Plan.
The contractual standards for solid waste delivered to the Mid-Connecticut System are as follows:
A. 
It must be solid waste emanating from within the corporate boundaries of this municipality;
B. 
It must not be of such a quantity, quality or other nature as to materially impair the operation or capacity of the Mid-Connecticut System or any portion thereof, normal and reasonable wear and usage excepted;
C. 
It must not be of such a quantity, quality or other nature as to materially impair the strength or the durability of the structures, equipment, or works which are a part of the Mid-Connecticut System or any portion thereof;
D. 
It must not be of such a quantity, quality or other nature as to create flammable or explosive conditions in the Mid-Connecticut System or any portion thereof;
E. 
It must not contain chemical or other properties which are deleterious, as determined by the Authority, or capable of causing material damage to any part of the system or to personnel; and
F. 
It must not include any hazardous waste.
The following terms shall have the following meanings:
DISPOSAL CHARGE
That amount of money to be charged for each ton of solid waste delivered to the Mid-Connecticut System as established by the procedures authorized in the Municipal Service Agreement.
HAZARDOUS WASTE
Pathological, biological, cesspool or other human wastes, human and animal remains, and 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 to 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.
MID-CONNECTICUT SYSTEM
The solid waste disposal and energy recovery facility designed and constructed by Combustion Engineering, Inc. (CE), pursuant to an agreement with the Connecticut Resources Recovery Authority (CRRA) located in Hartford; the transfer stations which service that facility; and the landfill or landfills provided by or designated by the CRRA.
MUNICIPAL SERVICE AGREEMENT
The Municipal Solid Waste Management Services Contract, as amended, between the CRRA and this municipality dated as of May 15, 1984.
SOLID WASTE
Unwanted or discarded materials consistent with the meaning of that term pursuant to § 22a-260(7) of the Connecticut General Statutes, excluding semisolid or liquid materials, collected and treated in a sewerage system.
Pursuant to Public Act No. 83-120, Connecticut General Statutes § 22a-220a, the legislative body hereby designates the Mid-Connecticut System as the area where solid waste meeting contractual standards generated within the boundaries of Harwinton by residential, business, commercial or other establishments shall be disposed. On or after February 25, 1988, each person collecting any solid waste meeting contractual standards generated within the boundaries of this municipality shall deliver all such waste to the Torrington Transfer Station at such facilities as designated by the Board of Selectmen unless otherwise directed by the Director of Public Works and shall pay the disposal charge therefor to the Director of Public Works.
Any person violating the terms of this article shall be fined not more than $100 for each offense, in addition to any other penalty imposable hereunder.
[Adopted 12-18-1990 by Ord. No. 87, effective 1-17-1991]
[Amended 10-28-2003 by Ord. No. 112, effective 11-14-2003; 3-27-2007 by Ord. No. 120, effective 4-13-2007]
For the purposes of this article the following words and phrases have the following meanings:
HAULER or COLLECTOR
A solid waste hauler or collector operating within the Town of Harwinton pursuant to a registration permit issued by the Town.
RECYCLABLE MATERIALS
Those items designated by the Board of Selectmen for segregation from the municipal solid waste stream, which shall include but not be limited to corrugated cardboard, glass food and beverage containers, leaves, metal food and beverage containers, newspapers, storage batteries, waste oil, plastic food and beverage containers labeled as No. 1 (PETE) and No. 2 (HDPE), magazines, catalogs, office paper, junk mail, gray boxboard, juice boxes, milk cartons and scrap metal.
RECYCLING
The processing of solid waste to reclaim material therefrom.
RECYCLING FACILITY or RECYCLING CENTER
Land and appurtenances thereon and structures where recycling is conducted, including but not limited to an intermediate processing center as defined in Connecticut General Statutes § 22a-260.
SINGLE STREAM
A system in which all fiber (newspaper, cardboard, mixed paper, catalogs, magazines and junk mail) and containers (glass, metal and plastic) are placed, unsorted, in one large wheeled "toter" by residents, collected by the hauler and sorted at a regional recycling center.
[Added 2-17-2009 by Ord. No. 128, effective 3-6-2009]
SOLID WASTE
Unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility.
SOURCE SEPARATION
The separation of recyclable materials from solid waste by residents, businesses and institutions.
[Amended 10-28-2003 by Ord. No. 112, effective 11-14-2003; 3-27-2007 by Ord. No. 120, effective 4-13-2007]
All residents, including single and multifamily dwellings, businesses and institutions which generate solid waste in the Town of Harwinton shall source-separate designated recyclable materials from solid waste as follows:
A. 
Recyclables shall be placed in designated recycling containers and shall not be commingled with nonrecyclable solid waste.
B. 
Recyclable containers shall be placed at curbside for pickup on designated collection days or at some other location on the property designated by the hauler or collector.
C. 
Haulers and collectors shall provide each resident, including single and multifamily dwellings, business and institution with a suitable number of clearly marked recycling containers of adequate size, subject to a reasonable security deposit.
D. 
Haulers may choose to collect and tip recyclables by the single stream method. If this collection method is chosen, haulers shall inform their customers of this choice. A hauler choosing to tip recyclables single stream must also collect recyclables single stream, in a closed container provided by the hauler to each customer.
[Added 2-17-2009 by Ord. No. 128, effective 3-6-2009]
E. 
In the alternative, residents, businesses and institutions may bring their recyclables to a recycling facility designated by the Town of Harwinton provided:
(1) 
A permit is obtained from the Town of Harwinton; and
(2) 
The resident, business or institution obtains a receipt for each load of recyclables from the recycling facility.
F. 
In addition, the Recycling Coordinator may, by agreement with the Board of Selectmen, designate Town-sponsored scrap metal, waste oil and battery collection days and may participate in regional hazardous waste disposal days.
[Added 3-27-2007 by Ord. No. 120, effective 4-13-2007]
The Board of Selectmen, with the recommendations of the Recycling Coordinator and consistent with state guidelines, shall review and adopt rules governing recycling and recyclable materials, which shall be distributed and mailed to residents, businesses and institutions which are USPS postal patrons. The rules currently in effect at the time of adoption of this article are as follows:
A. 
Clean, unsoiled newspaper, magazines, catalogs, all paper including junk mail, gray boxboard and corrugated cardboard shall be placed in paper grocery or shopping bags (not plastic bags) or securely tied in bundles no higher than 12 inches. Corrugated cardboard shall be cut down to a size of three feet by three feet and shall be flattened and tied in bundles no thicker than six inches.
B. 
Glass and metal food and beverage containers, as well as all types of metal food containers and juice/milk cartons, shall be rinsed clean and placed in the recycling container.
C. 
Plastic food, drink and laundry containers shall be rinsed clean and placed in the recycling container. Only No. 1 (PETE) and No. 2 (HDPE) plastics shall be recycled.
D. 
Leaves, waste oil, storage batteries, and any other recyclables designated by the Board of Selectmen shall be separated from nonrecyclables and delivered to the municipal dropoff center or other designated area, so as to not constitute a nuisance or otherwise be objectionable.
[Added 3-27-2007 by Ord. No. 120, effective 4-13-2007]
The Recycling Coordinator is authorized to enforce this article as follows:
A. 
The hauler or collector shall report to the Recycling Coordinator the name and address of any residential, business or institutional customer who does not recycle or who frequently appears to be commingling recyclables with solid waste. Failure of the hauler or collector to do so may result in the Town's refusal to renew the hauler's or collector's permit, as well as reporting such violation to the resources recovery facility or solid waste or recycling facility and the Department of Environmental Protection.
B. 
The Recycling Coordinator shall issue a written warning to such resident, business or institution which has been reported by a hauler or collector, advising the resident, business or institution of the Town's recycling and source separation requirements and the potential fines for failure to do so.
C. 
If the resident, business or institution fails to comply with the initial warning within 10 days, the Recycling Coordinator shall issue a second and final warning.
D. 
If the resident, business or institution fails to comply with the second and final warning within 10 days, the Recycling Coordinator shall request that the Resident State Trooper or Town Constable issue a recycling violation citation to such person punishable by a fine of $100. Each collection week during which the violation continues shall constitute a separation offense subject to an additional fine of $100 per collection week until the violation ceases and the hauler or collector verifies compliance to the Recycling Coordinator. Such violations shall be reported to the Department of Environmental Protection.
A. 
Any hauler providing solid waste collection is hereby required to register with the Selectmen's office on or before January 15 of each year and apply for a permit to haul solid wastes.
B. 
Any hauler will be required to provide recycling collection to any customers receiving solid waste collection and is further required to register with the Selectmen's office as is prescribed by Connecticut General Statutes § 22a-241b. The Board of Selectmen shall be the licensing and registration authority of refuse collectors engaged in the collecting or transporting of municipal solid waste and recyclable materials within Harwinton. It shall administer the issuance and revocation or suspension of permits and registrations as set forth in this article.
C. 
Additional rules may be adopted by the Board of Selectmen, from time to time, consistent with the provisions of this article as it may deem proper.
D. 
Following the filing of proper application and payment of the prescribed fee, the First Selectman shall grant such license(s) as hereinafter set forth for refuse collectors, vehicles and dumpsters within a reasonable time unless he finds one or more of the following conditions to prevail:
(1) 
The applicant has been irresponsible in the conduct of solid waste collection and transportation operations based upon previous suspension of licenses.
(2) 
The applicant lacks suitable equipment with which to collect solid waste in a safe, nuisance-free manner in compliance with this article.
E. 
Licensing of vehicles. Each permitted refuse collector shall obtain a separate registration for each vehicle he operates within Harwinton. Registrations shall not be transferable from vehicle to vehicle.
F. 
Registration term, fee and renewal. Upon adoption of this amendment the Town will send each hauler six-month replacement permits in December 2012 which will expire June 30, 2013. Approximately 60 days before the expiration date, haulers will be sent an application letter and forms for new permits to be effective July 1, 2013, which shall expire June 30, 2013. All permits shall thereafter be issued for a period of one year commencing on July 1. The Town shall charge a permit fee for each vehicle as determined annually by the Board of Selectmen and the Board of Finance to cover the administrative cost of issuing the permits and administering the solid waste disposal tipping fee reimbursement and verification system.
[Amended 5-15-2012 by Ord. No. 137, effective 6-1-2012]
G. 
Display of permit. The permit issued shall be conspicuously displayed on the left front of the body of the vehicle or dumpster licensed, or as may be directed.
H. 
Identification of vehicles. Each permittee shall display at all times on the doors of each vehicle his name and a local phone number.
I. 
Permits not transferable. Permits are not transferable. When any permittee shall sell or transfer all or part of his route to any other refuse collector, he shall first notify the First Selectman in writing of his intent to sell, and the transferee shall simultaneously make application for the appropriate permits to operate in Harwinton.
J. 
Customers serviced. As a prerequisite to the issuance or renewal of any permit, a refuse collector must, along with his permit/renewal application, furnish the First Selectman the number of customers within Harwinton that such refuse collector intends to service as well as the names of other municipalities serviced.
K. 
Applicant must maintain public liability insurance on each vehicle in an amount not less than $1,000,000.
L. 
Residential accounts; hauler reimbursement. The Town's reimbursement of haulers for residential accounts shall be 100% of the monthly tipping fees billed to them by CRRA.
[Added 5-15-2012 by Ord. No. 137, effective 6-1-2012]
M. 
Commercial accounts; hauler reimbursement discontinued. Commencing July 1, 2012, the Town will no longer reimburse haulers for the monthly tipping fees billed to them by CRRA for commercial accounts. The Town will continue to require haulers to submit weight reports for solid waste taken to CRRA or to any other solid waste disposal or processing facility. Haulers shall also continue to submit solid waste and recycling disposal reports to the Connecticut Department of Energy and Environmental Protection.
[Added 5-15-2012 by Ord. No. 137, effective 6-1-2012]
N. 
Reimbursement percentage. The Board of Selectmen and the Board of Finance shall review and may revise the tipping fee reimbursement percentages in future fiscal years.
[Added 5-15-2012 by Ord. No. 137, effective 6-1-2012]
A permit to engage in refuse collection and to use any waste disposal and/or processing facilities provided by Harwinton is a privilege, not a right.
A. 
Failure to comply with the provisions of this article shall be grounds for revocation or suspension by the First Selectman of any permit or registration issued hereunder, in addition to any other penalty imposed by law.
B. 
Revocations or suspensions shall only become effective five days after receipt of written notice from the First Selectman.
C. 
If a refuse collector objects to the First Selectman's action described in § 320-12A of this article to revoke or suspend his permit or registration, he may, within five days of receipt of said notice, file a written request with the Town Clerk for review by the Board of Selectmen. Failure to file such request in a timely manner shall make the First Selectman's action final and binding upon the refuse collector.
D. 
Timely filing of such request for review shall operate as an automatic stay of the First Selectman's action.
E. 
The Board of Selectmen shall act as an appeals board, and said Board shall, within 15 days, hear and decide the matter. The decision of such Board shall be final and binding upon the collector.
It shall be a violation of this article for any person other than a Town registered hauler to pick up or collect recyclable materials placed at curbside. All items which are designated for collection as stated in § 320-6 of this article shall be set out for collection no earlier than 6:00 p.m. on the evening prior to the scheduled collection day. Emptied containers shall be removed from the curb no later than 8:00 p.m. on the day of collection.[1]
[1]
Editor's Note: Original Sec. VI, Residential permits, of Ord. No. 87, which immediately followed this section, was repealed 10-28-2003 by Ord. No. 112, effective 11-14-2003.
A. 
Each refuse collector shall deliver all refuse collected within the territorial limits of Harwinton at such place or places as the Board of Selectmen may from time to time designate.
B. 
Each refuse collector must collect recyclable materials from each of its customers in the manner prescribed in this article.
C. 
All vehicles registered to collect and transport refuse shall be maintained free of obnoxious odors and accumulated refuse.
D. 
Refuse collectors shall furnish to their customers, upon request, a list of rates for the various services provided.
This article shall be in effect as of January 1, 1991, in accordance with the requirements of Connecticut General Statutes § 22a-241b, but shall be implemented only after notice to the Town by the Connecticut Resource Recovery Authority of its accessibility to haulers of solid waste generated in the Town.
In the event any provisions, sections, sentence, clause or part of this article shall be held invalid, illegal or unconstitutional, such invalidity, illegality or unconstitutionality shall not affect or impair any remaining part of this article, it being the intent of Harwinton that such remainder shall remain in full force and effect.
[Amended 10-28-2003 by Ord. No. 112, effective 11-14-2003]
A. 
Any violation of the following state statutes shall also be a violation of this article: Connecticut General Statutes §§ 22a-208x, 22a-220(a) and (f), 22a-220a(a), (d), (f) and (i), 22a-220c(a), 22a-220d, 22a-241b(c), and 22a-250(a), (c) and (d), as amended. The penalty for such violation shall be the statutory penalty prescribed by the relevant state statute, and in the case of a violation of § 22a-250(a), (c) and (d), as determined in accordance with the statutory procedure set forth in § 22a-250(f), (g) and (h), as amended.
B. 
No person, firm, corporation, company or limited liability company acting as a solid waste or recyclables hauler or collector shall commingle and transport solid waste or recyclables collected in another municipality with solid waste or recyclables collected in the Town of Harwinton and thereafter dispose of such solid waste or recyclables at a solid waste facility, transfer station, recycling facility or resources recovery facility at the expense of, or billed to, the Town of Harwinton. Each ton of solid waste or recyclables disposed of in violation of this provision shall constitute a separate offense, regardless of where such solid waste or recyclables were collected, and each offense shall be subject to a civil penalty not to exceed $1,000 per ton pursuant to Connecticut General Statutes § 22a-226d, and, further, may be subject to criminal prosecution as larceny in the first degree, a Class B felony, pursuant to Connecticut General Statutes § 53a-122, or larceny in the second degree, a Class C felony, pursuant to Connecticut General Statutes § 53a-123, depending on the amount of funds obtained by defrauding the public community.[1]
[1]
Editor's Note: Original Sec. XI, Fines, of Ord. No. 87, which immediately followed this subsection, was repealed 10-28-2003 by Ord. No. 112, effective 11-14-2003.